Family Law Playbook: Georgia Edition · Step 10 of 13
The Domestic Relations Financial Affidavit in Georgia
What Uniform Superior Court Rule 24.2 requires you to serve, when, and what the affidavit asks
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal
Quick answer
Under Uniform Superior Court Rule 24.2, at least 5 days before any temporary or final hearing in a Georgia case involving child support, alimony, property division, modification of support or alimony, or attorney's fees, each party serves the other with a sworn Domestic Relations Financial Affidavit in substantially the form printed in the rule. In child support cases, the worksheet and schedules promulgated by the Georgia Child Support Commission are served at the same time. In emergency actions they may be served on or before the hearing date or as the court orders, and cases filed with complete settlement agreements or consent orders generally do not require affidavits unless the court orders them.
When the rule applies
Uniform Superior Court Rule 24.2 applies to any temporary or final hearing in an action for temporary or permanent child support, alimony, equitable division of property, modification of child support or alimony, or attorney’s fees. Except as the rule notes, at least 5 days before that hearing all parties serve on the opposing party an affidavit of their financial circumstances in the form set out in the rule. In cases involving child support, the worksheet and schedules required by O.C.G.A. § 19-6-15, and only as promulgated by the Georgia Child Support Commission, are completed and served at the same time as the affidavit.
The deadlines and exceptions
- Before a hearing. At least 5 days before any temporary or final hearing, as above.
- Before mediation. The parties serve the affidavit and, where applicable, the worksheets and schedules on each other at least 5 days before any mediation or other alternative dispute resolution proceeding.
- Amendments. If you amend an affidavit, worksheet or schedule after serving it, the amendment must be served at least 5 days before the final hearing or trial.
- Emergency actions. The affidavit, worksheets and schedules may be served on or before the date of the hearing, or at another time the court orders.
- Complete settlements. In cases filed with complete separation agreements or consent orders resolving every issue except the divorce itself, financial affidavits are not required unless the court orders them. In child support cases the completed worksheet and schedules must still be attached to the proposed final judgment, and the separation agreement must include the parties’ gross and adjusted incomes.
- Child support services. The Office of Child Support Services is exempt from filing financial affidavits.
The rule also says notice of the date of any temporary hearing must be served on the other party at least 15 days before the hearing, unless the court orders otherwise (Rule 24.2), and Rule 24.4 applies that notice requirement to temporary hearings in domestic cases that do not involve financial matters.
What the affidavit asks
Rule 24.2 prints the Domestic Relations Financial Affidavit and requires it to be under oath and in substantially that form. Many superior courts post their own version, so check what your county uses. The form in the rule covers:
- The parties and children: names and ages, dates of marriage and separation, and the names and year of birth of the children for whom support is being determined and of your other children.
- A summary of gross and net monthly income and monthly expenses and payments to creditors.
- Gross monthly income, item by item, or you may attach Child Support Schedule A instead. The items track the statute: salary or wages, commissions and tips, self-employment and rental income (with a sheet itemizing your calculations), bonuses, overtime, severance, pensions, interest and dividends, trust and annuity income, capital gains, Social Security disability or retirement benefits, workers’ compensation, unemployment, civil judgments, gifts, prizes and lottery winnings, alimony from people not in the case, assets used for family support, and significant fringe benefits. The form tells you not to include means-tested public assistance such as TANF or food stamps, and to attach copies of your 2 most recent wage statements.
- Net monthly income from employment, deducting only state and federal taxes and FICA, with your pay period and exemptions.
- Assets, with value and any claim that part is separate property and the basis for that claim.
- Monthly expenses and payments to creditors.
- The oath. The affidavit ends with a jurat: you swear before an officer authorized to administer oaths, such as a notary public, that you are legally competent, that the affidavit is based on personal knowledge, and that its contents are true.
Use monthly figures
Protecting personal information
Only the last four digits of Social Security numbers, tax identification numbers and financial account numbers may appear in documents served or filed under Rule 24.2, and no birth date should be included, only the year of birth. On request of either party and good cause shown, the court may order the affidavits, worksheets, schedules and other financial information sealed.
Proving service and bringing originals
You file a Certificate of Service with the Clerk of Court certifying that you served the affidavit and, where applicable, the worksheets and schedules. Each party then submits the original affidavit, worksheets and schedules to the court at the time of the hearing or trial (Rule 24.2).
If a party does not comply
Failing to furnish the required financial information may, in the court’s discretion, subject a party to contempt, lead to a continuance until the information is provided, and result in other sanctions or remedies. The court may also decide a matter without strict adherence to the time limits if the financial information was known or reasonably available to the other party, or if a continuance would cause manifest injustice (Rule 24.2).
Accuracy matters
Primary sources
Laws, rules and forms change. Check the current version at the source before you file.
Common questions
When do I have to serve my Domestic Relations Financial Affidavit in Georgia?
Under Uniform Superior Court Rule 24.2, at least 5 days before any temporary or final hearing in a case involving child support, alimony, property division, modification of support or alimony, or attorney's fees, and at least 5 days before any mediation. In child support cases, the worksheet and schedules promulgated by the Georgia Child Support Commission are served at the same time. In emergency actions they may be served on or before the hearing date or when the court orders. Cases filed with complete separation agreements or consent orders resolving all issues except the divorce itself do not require financial affidavits unless the court orders them, though child support worksheets must still be attached to the proposed final judgment.
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