Financial Affidavit? Why Do I Have to File One?

If you have a divorce or a family law matter with children, we have probably told you that you need to complete a financial affidavit. About ten percent of our clients are speedy quick at filling out these forms. (Or “fin affs” as we affectionately refer to them in the office). Maybe twenty-five percent more are pretty good at getting this task done. The rest of you are telling us, “Ugh. Why do I have to fill out my financial affidavit?”

In this post, I will answer your question about why you have to fill out your financial affidavit.

The answer is . . . because I said so .

Okay, not really. It is more like because the court and the Illinois legislature said so.

In any case in which you are asking for temporary maintenance (spousal support) or child support, the law (750 ILCS 5/501(a)(1)) requires you to file a financial affidavit.

If the other party in your case is filing for temporary maintenance or child support, you need to file a financial affidavit.

When the court needs to determine if “interim attorney’s fees and costs” should be granted to either side in your case, you will need to file a financial affidavit. (750 ILCS 5/501(c-1))

If the court needs to decide which person receives the property or the debt from your marriage, the court will use your financial affidavit to help decide these issues. (750 ILCS 5/503)

If the court needs to determine ongoing maintenance (750 ILCS 5/504) or child support (750 ILCS 5/505) , the court will need your financial affidavit.

If filling out a financial affidavit does not sound like your idea of a good time, make a point to get it done as soon as possible. The sooner you finish it, the less you have to worry about it. If you need help, Liza will be happy to schedule an appointment with you to work on it together.

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