Instructions for Form FAM102 "Financial Affidavit for Child Support" - Minnesota

This document contains official instructions for Form FAM102, Financial Affidavit for Child Support - a form released and collected by the Minnesota District Courts. An up-to-date fillable Form FAM102 is available for download through this link.

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Download Instructions for Form FAM102 "Financial Affidavit for Child Support" - Minnesota

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Instructions for Financial Affidavit
Minn. Stat. § 518A.28
Helpful materials may be found at your public county law library. For a directory, see
http://mn.gov/law-library/research-links/county-law-libraries.jsp
.
For more information, contact
your court administrator or call the Minnesota State Law Library at 651-296-2775.
Purpose of the Financial Affidavit
In all cases where the court will decide or modify child support, the parents must serve and file a
Financial Affidavit to disclose all sources of income for determining child support for the joint
child or children of the parents.
A joint child means the dependent child of both parents in the child support proceeding.
Information listed in the Financial Affidavit will provide the court with information needed to
calculate child support.
Serving and Filing the Financial Affidavit
The Financial Affidavit must be served on the other party, and the public authority if the public
authority is providing child support enforcement services, and filed with the court when initial
pleadings or motions are submitted by a party. You must include proof of your income, such as
pay stubs and income tax returns.
Keeping your financial information confidential
Any financial documents you file with the court will be part of your court file and available to
anyone who may look at the file. The court rules require you to use Form 11.2, Confidential
Financial Source Documents form, as a cover sheet to protect your financial documents from being
available to the public. If you file Form 11.2 with your financial documents, court staff will keep
your financial documents confidential from the public. The other party and the judge will still have
access to your financial information. Form 11.2 is available at
www.mncourts.gov
under the form
category of “confidential information” (form number CON112) or can be picked up at court
administration.
NOTE: If you fail to use the Form 11.2 cover sheet to protect confidential information in your
financial documents, the court may order you to pay additional court costs and other santions as
a penalty for failing to follow the court rules.
Complete the Financial Affidavit Form
Item #1: Fill in the number of joint children who are the subject of this court action.
Item #2: Fill in all amounts of your monthly income. Use income amounts before any
deductions. Income includes any form of periodic (regular) payment, including but not limited
to the following:
• Salary and Wages – include gross income from all jobs. Weekly income should be
multiplied by 4.33.
• Self-employment – include income from self-employment or operation of a business
• Unemployment Benefits
FAM101
State
ENG
Rev 2/16
www.mncourts.gov/forms
Page 1 of 2
Instructions for Financial Affidavit
Minn. Stat. § 518A.28
Helpful materials may be found at your public county law library. For a directory, see
http://mn.gov/law-library/research-links/county-law-libraries.jsp
.
For more information, contact
your court administrator or call the Minnesota State Law Library at 651-296-2775.
Purpose of the Financial Affidavit
In all cases where the court will decide or modify child support, the parents must serve and file a
Financial Affidavit to disclose all sources of income for determining child support for the joint
child or children of the parents.
A joint child means the dependent child of both parents in the child support proceeding.
Information listed in the Financial Affidavit will provide the court with information needed to
calculate child support.
Serving and Filing the Financial Affidavit
The Financial Affidavit must be served on the other party, and the public authority if the public
authority is providing child support enforcement services, and filed with the court when initial
pleadings or motions are submitted by a party. You must include proof of your income, such as
pay stubs and income tax returns.
Keeping your financial information confidential
Any financial documents you file with the court will be part of your court file and available to
anyone who may look at the file. The court rules require you to use Form 11.2, Confidential
Financial Source Documents form, as a cover sheet to protect your financial documents from being
available to the public. If you file Form 11.2 with your financial documents, court staff will keep
your financial documents confidential from the public. The other party and the judge will still have
access to your financial information. Form 11.2 is available at
www.mncourts.gov
under the form
category of “confidential information” (form number CON112) or can be picked up at court
administration.
NOTE: If you fail to use the Form 11.2 cover sheet to protect confidential information in your
financial documents, the court may order you to pay additional court costs and other santions as
a penalty for failing to follow the court rules.
Complete the Financial Affidavit Form
Item #1: Fill in the number of joint children who are the subject of this court action.
Item #2: Fill in all amounts of your monthly income. Use income amounts before any
deductions. Income includes any form of periodic (regular) payment, including but not limited
to the following:
• Salary and Wages – include gross income from all jobs. Weekly income should be
multiplied by 4.33.
• Self-employment – include income from self-employment or operation of a business
• Unemployment Benefits
FAM101
State
ENG
Rev 2/16
www.mncourts.gov/forms
Page 1 of 2
• Commissions – if received less often than monthly, average the amounts
• Spousal Maintenance – include payments you receive under a previous order or the
current proceeding
• Military or Naval Retirement
• Social Security – includes social security disability, retirement, and survivors’ benefits.
Do not include supplemental security income (SSI)
• Child’s Derivative Social Security or Veterans Benefits – if a joint child receives Social
Security or Veterans’ Benefits based on your eligibility, include the amount of the child’s
monthly benefit on the Financial Affidavit, even if the benefit is paid to the other parent.
• Workers’ Compensation
• Pension Payments, Annuity Payments, and Disability Payments. Do not include
supplemental security income (SSI).
Complete Items #3 through #9
• Nonjoint Children – a child who 1) lives in your home more than half of the time, 2) you
are the legal parent of, AND 3) you DO NOT have a court ordered child support
obligation for the child. DO NOT include stepchildren.
• Spousal Maintenance – enter any court ordered amount that you pay to the other parent or
a former spouse.
• Child Support – enter all court ordered amounts that you pay for nonjoint children not
living with you. These amounts include basic support, child care support, and medical
support. DO NOT include any monthly amounts you pay for arrearages.
• Health care coverage – this is medical and dental insurance coverage you have either in
place or available for the joint child.
• Child care – enter the actual monthly child care costs paid for the joint child
• Parenting time – check “yes” if there is a court order awarding a parent with parenting
time
Date and sign the Financial Affidavit under penalty of perjury. By signing the Affidavit
under penalty of perjury, you are stating that the information in the document is true to the best
of your knowledge. Perjury is the crime of intentionally lying or misrepresenting the truth.
If the Financial Affidavit for Child Support is not served and filed
• The court will determine a parent’s income based on credible evidence, which may
include documentation of current or recent income, testimony of the other parent
concerning recent earnings and income levels, or wage reports filed with the Department
of Employment and Economic Development. The court may determine potential income
for a parent if a parent is voluntarily unemployed or underemployed, employed less than
a full-time, or when there is no evidence of any income.
• If the court decides that a parent did not have access to documents to complete the
financial affidavit, the court may consider testimony by that parent as credible evidence
of income.
FAM101
State
ENG
Rev 2/16
www.mncourts.gov/forms
Page 2 of 2
Page of 2