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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19327
Experience:  B.A.; M.B.A.; J.D.
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I am going through divorce. I live in Fl and ex moved to PA.

Customer Question

Hi, I am going through divorce. I live in Fl and ex moved to PA. I have to submit financial affidavit long form. Is this required of everyone? She did not submit this (but submitted some bank statements, paystubs, tax returns). She has a regular job. I am an independent consultant on 1099.
I do not know what to fill out for "present monthly gross income". My last assignment ended on 9/2/2016. Remander of sept, oct, nov I did not have assignment. I have a one week assignment this month. Would my present monthly gross income be this months income? Or an average of past 3 months, past 6 months, 1 year? I am unclear what to fill out?
Submitted: 8 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 8 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

Hi, I am going through divorce. I live in Fl and ex moved to PA. I have to submit financial affidavit long form. Is this required of everyone?

Response 1: Everyone is required to complete the Financial Affidavit unless the parties have waived the filing of the Affidavit. However, whether it is the short or long form would depend on the individual's income. Short form is for under $50,000.00. Long form is for $50,000.00 and above.

She did not submit this (but submitted some bank statements, paystubs, tax returns). She has a regular job. I am an independent consultant on 1099.

Response 2: Depending on her income, she must submit either the short or the long form. You need to insist on receiving a copy of her completed form.

I do not know what to fill out for "present monthly gross income". My last assignment ended on 9/2/2016. Remander of sept, oct, nov I did not have assignment. I have a one week assignment this month. Would my present monthly gross income be this months income? Or an average of past 3 months, past 6 months, 1 year? I am unclear what to fill out?

Response 3: Average of your yearly income since your income is very sporadic.

Customer: replied 8 months ago.
But my previous years income i.e. 2015, 2014, 2013 monthly average is in the ballpark of this months income. This years annual income was atypically higher if I was to average it out. Given that, would it be fine if I fill that as my "present monthly gross amount" which presently/december that is what it is.
Also the form asks for present monthly deductions i.e medicare payment, self employment ... how do I calculate that as on 1099 those things are not deducted monthly.
Also I currently pay $350 as voluntary child support (not court ordered) should I fill that ---could it be used against me as future additional child support, since none is calculated/court ordered thus far.
There is no mandatory retirement payment, but under "other epenses not mentioned above" can I include my estimated SEP contributions?
Expert:  Phillips Esq. replied 8 months ago.

But my previous years income i.e. 2015, 2014, 2013 monthly average is in the ballpark of this months income.

Response 1: Then use this month's income.

This years annual income was atypically higher if I was to average it out. Given that, would it be fine if I fill that as my "present monthly gross amount" which presently/december that is what it is.

Response 2: Use this month's income.

Also the form asks for present monthly deductions i.e medicare payment, self employment ... how do I calculate that as on 1099 those things are not deducted monthly.

Response 3: If there is no deduction, then you have to state zero. There are no deductions on 1099s.

Also I currently pay $350 as voluntary child support (not court ordered) should I fill that ---could it be used against me as future additional child support, since none is calculated/court ordered thus far.

Response 4: You need to put down all your expenses whether they are court ordered or not.

There is no mandatory retirement payment, but under "other epenses not mentioned above" can I include my estimated SEP contributions?

Response 5: I cannot answer this question.

Kindly take a minute and use the popup screen to give a 5-star rating to my response so that I can receive proper credit for addressing your concerns. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation

Customer: replied 8 months ago.
WHat is the normal process of exchanging such detailed financial affidavit between the parties? If my attorney provides them first, there response/affidavit may be biased given the info in my ADVT. Please advice

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