Affidavit of Financial Condition - State of Nevada

[VegasMom77]

In Nevada, like most states, parties are required to submit an Affidavit of financial condition revealing their income and expenses in an effort to help determine child support, spousal support, etc.

I earn 75K a year. I am not opposed in any way to paying child support. However, I feel that the form is inaccurate when it takes my annual income and breaks it down to a "monthly status". ($6,250)

I am paid on a bi-weekly basis and do not receive that amount each month. 10 months out of the year, I receive less and the remaining two I receive more.

By basing child support, spousal support, attorney's fees and several other expenses that my spouses' attorney is requesting that I pay, on this incorrect amount, I find myself having a difficulty paying all of these expenses in addition to my own personal expenses (rent, food, gasoline, etc).

My questions are these:

1) How can I properly show the court of the accurate amount for each individual court?

2) How can I lobby the state or courts to consider changing the form to fit how parties are actually paid (monthly, semi-monthly, bi-weekly, etc)?

3) What happens when a person just flat runs out of money?

When given a choice on not paying the item that will have my car repossessed or the one that will put me in jail, I will choose to not pay the car but then I do not have reliable transportation for my daughter. I feel caught in the crosshairs of my ex no matter what I do.

Thank you!

[socrateaser]

>My questions are these:
>
>1) How can I properly show the court of the accurate amount
>for each individual court?

I don't understand the question. Please rephrase.

>
>2) How can I lobby the state or courts to consider changing
>the form to fit how parties are actually paid (monthly,
>semi-monthly, bi-weekly, etc)?

Write your state legislative representive/senator.

>
>3) What happens when a person just flat runs out of money?

If you earn $75K but most of it is during one part of the year, you should be able to stipulate with the State or other party to pay based upon a percentage of your income, rather than a fixed amount. The court cannot order this, because it operates as a modification during every pay period, but you can agree to pay it voluntarily.

The other edge of this sword is that if your income increases, you will suddenly be paying even more than you already are, without ever appearing in court. So, be careful what you bargain for.

Or, you can simply move for a downward mod on grounds that your present pay stubs don't reflect a $75K salary. Do you actually KNOW for a fact that come months 11-12 of this year that your income will skyrocket? If not, then I don't know why you would tell the judge anything other than that what you earn this month is what you are likely to earn in the future.

I really don't know enough facts to give you a good argument here, and I can't advocate that you testify falsely. The question is how certain are you that your income will be $75K? If you're certain then that's how you must testify, but if you're not, then you shouldn't be testifying to what you don't know. You could lose your job tomorrow and then what would your income be -- zero. Don't try to predict the future -- not even Mr. Greenspan can do that. The court is supposed to operate on your actual income or earning capacity, not on what you believe you will earn.

[VegasMom77]

>>1) How can I properly show the court of the accurate amount
>>for each individual court?
>
>I don't understand the question. Please rephrase.
>

I'm sorry.

My question should have read: How can I properly show the court the accurate amount for each individual month?

I am a salaried employee with a salary of $75,000 wherein they take that annual salary and break it into 26 payments (bi-weekly).

Two months out of the year I am paid three times, the remaining is only two.

The AFC breaks it down to $6,250 per month when in fact it is approximately $5,768 10 months out of the year and about $8,652 two months. (Normally July and November depending on how the paydays fall)

I hope that helps. Thank you!

[socrateaser]

>My question should have read: How can I properly show the
>court the accurate amount for each individual month?
>
>I am a salaried employee with a salary of $75,000 wherein they
>take that annual salary and break it into 26 payments
>(bi-weekly).
>
>Two months out of the year I am paid three times, the
>remaining is only two.
>
>The AFC breaks it down to $6,250 per month when in fact it is
>approximately $5,768 10 months out of the year and about
>$8,652 two months. (Normally July and November depending on
>how the paydays fall)
>
>I hope that helps. Thank you!
>

If you actually work the math, and assuming that you are paid bi-weekly on a calendar year basis, then your you will have three pay periods in the months of July and December. So, you are actually catching up every six months, rather than only once per year.

Thus, things are only half as bad as they seem. I realize that this is all punishingly difficult. My only suggestion is that you modify your life so as to live as though you only gross $5768.10 per month. That way, every six months you will feel like you have been given two weeks pay without any support taken out -- because that is exactly what will have occured.

However, if you live the lifestyleof someone who earns $75K, then you will always be trying to catch up. For what it's worth, I completely empathize with your situation, in more ways than you can possibly imagine.

Life ain't fair. You could have been a man on the Titanic.