How to Write an Affidavit for Proof of Child Support (2024)

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Co-authored byClinton M. Sandvick, JD, PhD

Last Updated: December 19, 2021

1. 1

   Get proof of your income. Show the judge how much you make each year. Gather documents which show your income: ^[1]

   • weekly or monthly pay stubs
   • copies of your most recent three years of tax returns
   • proof of self-employment income if appropriate
2. 2

   Find your copy of your parenting plan. Tell the court how much time you plan to spend with the child(ren). ^[2] Generally the more time you spend with the child, the less you need to give the other parent in child support. You should find your copy of the parenting plan if you've drafted one. Otherwise, agree in principle to a plan, and put it in writing over both of your signatures for the court to review.

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3. 3

   Obtain bank statements for each individual or joint bank account that you have. For example, obtain statements for the following accounts: ^[3]

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   • checking
   • savings
   • credit union accounts
   • certificates of deposit
4. 4

   Find your checkbook. You will need to report the amount you spend on your children for things like health insurance, day care, and/or education. Confirm these expenses by getting out your checkbook or looking at how much you have debited each month for them. ^[4]

   • Most states aren’t interested in how much you spend on your rent or food.
5. 5

   Take out your copies of other support orders. You might be paying child support or alimony to another ex-spouse. The judge will consider existing support orders when imposing a new one. ^[5]

   • Go through your papers and find your current support orders.
   • If you can’t find copies of existing support orders, get fresh copies by contacting the earlier court. You'll pay a small fee.

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1. 1

   Get the affidavit form. Every state should have the financial affidavit form you need to fill out. You can get this form from the clerk of the court.

   • You can also check on the court’s website. Many courts publish forms you can download and complete.
2. 2

   Insert your personal information. Most forms ask for identifying personal information. Include all requested information. If something doesn’t apply to you, just write “N/A” (“not applicable”). Your personal information typically includes: ^[6][7]

   • name
   • home address
   • mailing address
   • work and home phone numbers
   • date of birth
   • driver’s license number
   • Social Security number
   • names of the schools you have attended
   • your case number
3. 3

   Identify all of your children. Some affidavits will request that you identify all of your children and include related information. You may be asked for the following: ^[8]

   • full names of your children
   • each child’s date of birth
   • whom the child lives with
   • whether you have previously been ordered to pay child support and how much
4. 4

   Complete the employment information. The main purpose of the form is to determine your income. Report all sources. List the following: ^[9]

   • name and contact information for your employer
   • the date you began employment
   • number of hours you work each week
   • your hourly wage or salary
   • how often you get paid
   • your monthly gross income, including bonuses, tips, and commissions
   • your annual gross income
5. 5

   Explain unemployment. If you're not employed, explain the reason to the judge. Typical reasons include: ^[10]

   • you are disabled
   • you were laid off
   • you are a full-time student
   • you are in prison
6. 6

   Identify other income sources. The judge will want to know about all your sources of income and how much you get from them each month. You may also have to show when you first started earning money from each of these sources. Report these sources of income: ^[11]

   • spousal support (alimony)
   • pension
   • disability
   • retirement
   • rental properties
   • veterans' benefits
   • workers’ compensation
   • public assistance
   • private disability insurance
   • interest or dividends
   • non-cash benefits from an employer
7. 7

   Report your child-care expenses. There should be a place on the affidavit for you to describe child-care expenses. Show how you and the other parent currently divide those expenses. For example, you will probably have to list the following: ^[12]

   • daycare charges and how they're split between parents
   • your average monthly expenses for child care
   • whether you get a subsidy for daycare
8. 8

   Include information about health care. Report how much you spend on health care for the child. These expenses can include health insurance premiums, as well as any out-of-pocket expenditures. For example, you may be asked for the following: ^[13][14]

   • name of your health insurance company
   • effective date of coverage
   • ongoing medical expenses for the child (e.g., your child is disabled)
   • total cost of your health insurance premium
   • the percentage of the premium that covers your children
9. 9

   Sign in front of a notary. Check the affidavit to see if you have to sign it in front of a notary public. ^[15] If you do, provide the notary with appropriate identification. A valid driver’s license or passport should be sufficient.

   • You can find notaries at most large banks or courthouses.
   • You could also use the locator on the American Society of Notaries website. Enter your zip code and find a notary near you. ^[16]
10. 10

    Attach required documents. Read your affidavit carefully. It may tell you that you need to attach documents to support the information listed in the affidavit. For example, you may need to attach pay stubs for the past three months or copies of your federal income tax returns. ^[17]

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1. 1

   Meet with a lawyer. If you have questions about child support, schedule a consultation with an attorney. Only a qualified lawyer can be relied on for proper advice. To get a referral, contact your local or state bar association.

2. 2

   Make a copy of the completed affidavit. You should keep a copy of all court documents for your records. Photocopy the affidavit and supporting attachments, and store your copies in a safe place.

   • If you have to provide a copy of your affidavit to the other parent, make an additional copy.
3. 3

   File your affidavit. You should file the affidavit whenever you file your pleading in court (i.e., your petition or answer). It will be an attachment to the pleading itself. Remember to include the supporting documentation.

   • Because court documents are public, your financial affidavit will be made public. In some courts you can keep your financial information private if you file a cover sheet requesting that the information be kept confidential. Check with the court clerk to see if there's anything else you have to do to protect your information.

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