An affidavit of any sort is a written statement or a declaration that a person makes and then swears to or affirms. A child support affidavit can be made to affirm that the individual making the declaration is not receiving the court mandated child support and to declare to the court his or her income and expenses that are related to the raising of and maintenance of the child in question. Child support attorneys in San Diego are also asked to draw up an affidavit which affirms that child support is being paid and can provide any and all information about past payments made and his related income and expenses. Affidavits which concern child support are used in court as a component of the information required when assessing or modifying awards for child support.
A child support affidavit is usually a statement of fact, an example being a declaration of gross income. This income can be from any source; wages, salary, business, commissions, perks or even capital gains. This affidavit stating the individual’s gross income is often the document used when deciding how much an individual should either pay or receive for child support purposes. In most cases, the judge will take into consideration the gross incomes of both parents when making the decision of award.
When child support attorneys in San Diego are used in drawing up an affidavit of child support, they include as part of the declaration a listing of all the expenses that are child related. A party may declare the amount of money it takes to provide health insurance for himself as well as his dependents and the payments for child care that he also makes. There may also be a declaration that covers any medical expenses that were incurred that are not covered by insurance. If the individual has children from another relationship and he also pays child support for those children, the affidavit will include the amounts paid as well. If there are children living in the home of the affiant, the expenses related to their care are also listed.
The judge may also request an affidavit be sworn to that lists all the individuals’ assets and liabilities. All debts from holding a mortgage as well as the value of the real estate holdings will be considered.
