RULE 17:
Financial disclosure affidavits required for original actions and spousal support modifications
Court forms are at https://drj.fccourts.org/DRJ.aspx?PN=Forms.htm A. Required Forms. The affidavits filed pursuant to this Rule shall be on the forms authorized by the Court as designated in this rule, or in a style and format consistent therewith.
B. Original Actions for Divorce or Legal Separation. Upon the filing of an action for divorce or legal separation, or an answer or counterclaim thereto, each spouse so filing, in addition to any other affidavits, shall file an Affidavit of Income and Expense, and an Affidavit of Property, together with any other relevant information concerning such listing that is within their knowledge.
C. Original Actions for Dissolution. Upon the filing of a petition for dissolution, each spouse so filing, in addition to any other affidavits, shall file an Affidavit of Income and Expenses, and an Affidavit of Property, together with any other relevant information concerning such listing that is within their knowledge.
D. Spousal Support Modifications or Terminations. Upon the filing of an action for modification or termination of spousal support the movant shall file an Affidavit of Income and Expense and an Affidavit of Property.
The affidavit of the responding party shall be filed and served on the opposing party or counsel with any responsive pleading, or not less than fourteen days prior to the initial hearing.
If a party seeks to modify an alimony order entered in a divorce or dissolution on or after May 2, 1986, or a spousal support order entered in a divorce or dissolution on or after January 1, 1991, that party shall aver in his / her pleadings that the divorce decree or separation agreement incorporated into the divorce or dissolution decree, contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.
E. Updates to Financial Disclosure Affidavits. All such affidavits shall be updated or supplemented by further affidavits when there is a significant change to income, expenses, or property. Such updates shall be made at the time that any significant change occurs, and shall also be updated no later than 15 days prior to the date set for final hearing, and as otherwise ordered by the court.
F. Completion of Financial Disclosure Affidavits. All information contained in the required affidavits must be accurate. Any information that is estimated must be clearly identified. Blank spaces or “N/A” are unacceptable responses; “none” or “0” shall be used.
(Effective 1/1/86; amended, eff 1/15/89; 7/1/99; 8/1/04; 12/14/09; 10/25/2010; 5/13/19)