In re Sup. Ct. Comm. on Child Support

Supreme Court of Arkansas

In re Sup. Ct. Comm. on Child Support

2016 Ark. 315

DecidedSeptember 15, 2016

StatusPublished

This text of 2016 Ark. 315 (In re Sup. Ct. Comm. on Child Support) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Sup. Ct. Comm. on Child Support, 2016 Ark. 315 (Ark. 2016).

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Opinion

Cite as 2016 Ark. 315

SUPREME COURT OF ARKANSAS

Opinion Delivered September 15, 2016

IN RE SUPREME COURT COMMITTEE ON CHILD SUPPORT—AFFIDAVIT OF FINANCIAL MEANS

PER CURIAM The Supreme Court Committee on Child Support proposed a new Affidavit of

Financial Means to the court, revised and updated to provide more pertinent information

to the parties and the courts in matters involving family support than the current affidavit

provides. By per curiam dated April 14, 2016, the court published the proposed affidavit

for written comments due to the court by May 20, 2016.

The court requested that the committee review the comments submitted and, taking

those into consideration, to make a final recommendation to the court. The committee’s

final recommendation is to adopt the proposed affidavit with one change suggested in the

comments, to add lines at the bottom of each page for the litigants and, if represented, their

attorneys, to initial.

The court accepts the committee’s recommendation and adopts the new affidavit,

with that one change, effective October 10, 2016. The new Affidavit is attached. RECOMMENDATION TO THE SUPREME COURT OF ARKANSAS FROM THE SUPRE,ME COURT COMMITTEE ON CHILD SUPPORT

IN RE: ADMINISTRATIVE ORDER NO. IO--AFFIDAVIT OF FINANCIAL MEANS

TNTRODUCTION

The Supreme Court Committee on Child Support proposed a new Affidavit of Financial

Means to the Court, revised and updated to provide more pertinent information to the parties and

the courts in matters involving family support than the current affidavit provides. By per curiam

order dated April 14, 2076,the Court published the proposed affidavit for comment, with written

comments due to the Clerk of the Court on May 20,2016. The Clerk received four letters in

response. The Court requested that the Committee review the comments and make a final

recommendation, taking those comments into consideration.

DISCUSSION

The Committee met on June 24,2016, to review the comments. Of the four letters

submitted, three of them supported the proposed affidavit, with one suggestion made for a

formatting issue, In the fourth letter, the writer commented positively to one change and made

seven suggestions for other changes. The Committee discussed each and every suggestion'

Some were for changes the Committee had discussed specifically in the drafting stage. Some

were for changes to things the Committee had done by design or had opted not to do. The

Committee adopted one of the suggestions: putting lines at the bottom of each page for the

litigant and the attorney, if he or she is represented, to initial, The affidavit was amended

accordingly. I{ECOMMENDATION

AfteL consiclerìrrg the Comrnents submitteclto the Court, the Committee rcspectfully

recommerrcls that the Court approve and aclopt the attached Affidavit of llinarlcial Means, âs

amenclecl,

Tliank you.

Rcspectfr,rl ly subn'ritted,

Mackie Pielcc Circuit Judge Chair of Child Support Committce

D

2 IN THE CIRCUIT COURT OF COUNTY, ARKANSAS (Domestic Relations Division)

Division

Plaintiff

V Case No. DR

Defendant

AFFIDAVIT OF FINANCIAL MEANS Name: , being duly sworn, says under penalty of perjury, that he/she has prepared or approved this financial statement, and that the following information and attachments (including income verification as required by page 7) are complete, true, and correct.

Date Signature

Subscribed and sworn to before me on this day of 20 - Notary Public My commission expires

MY INCOME 1 How often are you paid?

_ weekly _ bi-weekly (every two weeks-26 times a year) _ monthly _ bi-monthly (twice a month-24 times a year) _ other -Explain (attach an exhiþit if necessary)

2.* Net Pay: (Take-home after allowable deductions)

$

*Complete worksheet on next page to determine Net Pay for calculating child support

Page 1 of 7 Ini t iaf s Ini t iaf s NET PAY WORKSHEET (lf more than one employer, fill out and attach multiple copies of this worksheet)

EMPLOYER Address: Telephone #:

3. Gross Wages per pay period $

ALLOWABLE DEDUCTIONS UNDER STATE LAW

A. Federal lncome Taxes Withheld $

B. State lncome Taxes Withheld $ C. F.l.C.A. (Social Security) or Railroad Retirement $ D. Medicare: $ E. Health lnsurance (only the porlion paid for children in fhis case $ as required by page 7) F. Court-ordered child supportfor other children not $ involved in this current case. (For example, children from a previous relationship or marriage): G TOTAL Allowable Deductions $

3.H Subtract TOTAL Allowable Deductions from Gross Wages = NET PAY $

THE FINAL NUMBER IN THIS BOX BELONGS ON PAGE 1 UNDER ''NET PAY"

lf you pay support for children nof involved in this case in a form other than þavro ll deduction , then you should attach the ch¡ld support order and proof of ment as an exh¡b¡t to this affidavit

Any other deductions from your paycheck do not figure into your net pay under Arkansas law regarding child support. Some examples of payroll deductions that you mav not subtract from your income for calculating child support include: pension plans, union dues, 401(k) payments, loan repayments, charitable contributions, life insurance, and health insurance payments that cover you or your spouse.

However, the court may consider these expenses, particularly if they are significant, so you should reflect them in the proper place in the pages to follow'

Page 2 of 7 Ini t ial- s Initials OTHER INCOME

Other income Amount: Source Frequency 4

Bonuses or incentive pay not 4.1 reflected on page 2: 4.2 Other court-ordered income such as alimony/child support paid to you: 4.3 Payments from a settlement or annuity: 4.4 Regular gifts from relatives or friends: 4.5 lnvestment income such as rent payments to you: 4.6 Stock dividends or bond payments: 4.7 Regular payments to you or on your behalf from a Trust: 4.8 Other:

4.9 TOTAL OTHER INCOME: $

OTHER AVAILABLE FUNDS 5 ASSET AMOUNT SOURCE Cash on hand, and in bank 5.1 accounts: 5.2 Trust fund assets held on your behalf: 5.3 Stocks, bonds, mutual funds

5.4 Other (i.e. 401-K, retirement, etc)

5.5 TOTAL: $

Page 3 of 7 rni t ia1 s rni t iaÌ s MY CURRENT MONTHLY EXPENSES *

6 Expense: Amount: Expense: Amount:

a Health lnsurance Rent/house payment $ n $

b Gas, water, trash, & $ o Non-covered medical $ electricity (including medicine)

c. Telephone $ p Life insurance $

d lnternet $ q Car payment $

e Media Services, i.e $ r Car lnsurance $ ,Cable/Satellite, etc.

f Child care $ S Car fuel and $ maintenance

g Food $ t Lawn care $

h Union dues $ u Charitable giving $

Pension plan $ V Household Expenses $

401(k) payments $ W Dry cleaning $ J

k. Garnishments $ X Other $

Cigarettes $ v Other: $

m Alcohol $ z. $ TOTAL

* Place a check mark by all expenses which you are not currently paying.

Page 4 of 7 Tni t ia1 s Ini t i-al- s MINOR CHILDREN

7 Number of children:

a Number of minor children I have with opposing party #

b Number of other minor children I have #

c. Names of minor children involved in this case: AGE

I

CREDITORS & DEBTS 8 Debts in the names of BOTH PARTIES are: Creditor: Total amount owed Monthly payment:

a $ $

b $ $

c. $ $

d $ $

e $ $

f $ $

g $ $

Totals: $ $

Page 5 of 7 Ini t iaI s lni t iaI s L Debts only in my name:

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