Financial Disclosure in Ohio Family Cases

The uniform financial affidavits

• Affidavit 1, Affidavit of Basic Information, Income, and Expenses (amended June 1, 2021). Its instructions say it is used to make complete disclosure of income, expenses, and money owed, and to determine child and spousal support. It has sections for basic information, income (including income, overtime, commissions, and bonuses for the past three years), children and household residents, and monthly expenses.
• Affidavit 2, Affidavit of Property and Debt (amended June 1, 2021), listing all property and debts of both spouses, with the most recent value of each asset and balance of each debt.
• Affidavit 4, Health Insurance Affidavit (amended June 1, 2021), used to disclose health insurance available for the children and to determine child support.

Each says to check local court rules for when it must be filed. The uniform Form 28 (Juvenile Form 7), Motion for Change of Child Support, Medical Support, Tax Exemption, or Other Child-Related Expenses and Form 23 (Juvenile Form 2), Complaint for Parentage, Allocation of Parental Rights and Responsibilities and Parenting Time both say an Affidavit 1 must be filed with them.

Filling out Affidavit 1

• Leave nothing blank. The instructions say to put “NONE” for any item that does not apply, and, if you do not know an exact figure, to give your best estimate and mark it “EST.”
• Sign before a notary. The oath block says not to sign until a notary public is present. You swear or affirm that the information is true, accurate, and complete to the best of your knowledge and belief, and acknowledge you may be subject to penalties for perjury.
• Match your documents. Use the same figures that appear on your tax returns and paystubs, or explain any difference.

Documents that verify income

When support is computed, both parents’ current and past income and personal earnings must be verified electronically or with suitable documents, including paystubs, employer statements, receipts and expense vouchers for self-generated income, and tax returns with all supporting schedules (R.C. 3119.05(A)).

In an agency review of an order, the CSEA asks each parent for the prior year’s federal tax return with supporting schedules, pay stubs from the preceding six months, records of other compensation, and health insurance information (R.C. 3119.60(C)). For a court order, the notice says that willfully failing to provide them is contempt of court and that the agency may proceed on reasonable assumptions (R.C. 3119.60(D)(1)).

Getting the other parent's information

After a decree, once the court’s continuing jurisdiction is invoked by a properly served motion, the discovery rules in Civ.R. 26 to 37 apply (Civ.R. 75(J)). Those rules include interrogatories, requests for production of documents, and requests for admission (Civ.R. 33, 34, 36). Discovery requests and responses are not filed with the court until they are used in the proceeding or the court orders filing (Civ.R. 5(D)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• R.C. 3119.05, income verification and computation
• R.C. 3119.60, documents requested for agency reviews
• Ohio Civil Rules 5(D), 26 to 37, 75(J)
• Uniform Domestic Relations Affidavit 1, Affidavit of Basic Information, Income, and Expenses
• Uniform Domestic Relations Affidavit 2, Affidavit of Property and Debt
• Uniform Domestic Relations Affidavit 4, Health Insurance Affidavit
• Uniform Domestic Relations Form 28 (Juvenile Form 7), Motion for Change of Child Support, Medical Support, Tax Exemption, or Other Child-Related Expenses