Why do I have to complete a financial declaration?
In family court matters, most clients are asked to complete a financial declaration to present to the Court and other parties. When I make the request for my clients to complete this form, I am often met with a lot of questions and push back. The reasons vary: they think it isn't relevant because they reached an agreement, they are afraid that a judge will change their agreement because of what is shown on the financial declaration (good or bad), or they may just value their privacy. So why do you have to complete a financial declaration?
Rule 20 of the South Carolina Family Court Rules states that whenever the financial condition of a party is relevant or is an issue to be considered by the court a financial declaration (on the court form) must be served and filed by all parties. The rule requires filing and service prior to the first hearing (which is normally a temporary hearing) or within 45 days of filing.You will be asked to complete a financial declaration whenever your financial condition is relevant or one of the issues being considered by the court. In almost all circumstances, this will be required. When there are minor children, financial declarations will be required when considering child support. If alimony is an issue, the financial situation of the parties is certainly relevant. Even if there are no child support or alimony issues, but the parties are dividing assets/debts as part of their divorce the financial declaration will be required. Many judges will require a financial declaration even in the simplest of divorce cases.Many people complete these financial very quickly without giving it much thought, but that can be very dangerous. When presenting this information to the court, it is very important to remember a couple of things. First, this document is one of the most important documents that the court will consider when determining the financial issues in your case. Second, you are signing this document in the presence of a notary. This is a sworn document and is the same as if you were testifying in front of a judge in open court. That means it is subject to the same penalties as perjured testimony in court.
Help! How Can I Get Started Seeking Financial Assistance from my Spouse?
Question: My husband has deserted me and refuses to help me financially. He has moved in with his mistress and won't have any contact with me! How do I file for spousal support? He is refusing to help me.Answer: You should consult with a lawyer immediately so that you can move forward with the Family Court to get some immediate relief. Unfortunately, the only way to obtain the relief you are seeking is to file an action with the Family Court for divorce/separation and request this relief through a Motion for Temporary Relief. I strongly suggest hiring a lawyer because alimony is a complex issue and there are some strict procedural rules about what the Court may consider at a temporary hearing and if you do not comply with those rules you may forfeit your rights or just plain miss out on relief you are entitled to.In South Carolina you have the option to file for divorce using one of five grounds (physical abuse, habitual drunkenness, adultery, desertion, or continuous separation for more than one year). You also have the alternative to file for separate support and maintenance which is similar to a legal separation. Those are essentially your keys to the courthouse. No matter which way you file, you will be able to ask the court to award you immediate relief such as alimony/spousal support, custody of minor children, child support, use of the marital home, health insurance coverage, etc.The family court will consider multiple factors in determining whether to award you alimony or not, and then if it does determine that you are eligible for support the Court will determine how much to award. The factors considered will be things like your ages, physical and mental health, employment history, income history, why you are currently unemployed (e.g. agreement to stay at home and raise the children), other assets you have, tax implications, length of the marriage, and a few more.As a side note and warning, I would encourage you to file something sooner rather than later. The longer you go without financial assistance from your spouse, the more it appears that it is not needed. While that is not a specific factor considered by the Court it could be relevant and a long term separation without a request for support could make it unlikely that you would be awarded support.To learn more about Temporary Hearings, check out these posts:
Divorce Process: What is a Temporary Hearing
What is a Divorce Temporary Hearing
Definition: Temporary Divorce Hearing
Temporary Hearing – What’s Next?
What Happens After my Temporary Hearing?