


Here is an example for one category: If you purchased eyeglasses six months ago and don’t expect to get new glasses until next year, you would find your receipt or where that expense showed on your bank statement and divide it by twelve months to determine an estimated monthly amount.įinally, your attorney may have you provide the Court with an updated income and expenses affidavit closer to trial if there have been significant changes in circumstances. Don’t exaggerate or underestimate your expenses the Court may discount your other testimony or question whether your other discovery is truthful. You will need to be able to prove these expenses in Court if your case proceeds to a pendente lite hearing or trial. If you keep a budget, use Quicken or other accounting software, or keep a spreadsheet of expenses, use these to calculate your averages over time. You will need to review your paystubs and potentially your tax return to determine federal and state taxes and insurances, to calculate your monthly net income.įor each expense listed on the affidavit, at least one bill or receipt should be provided to your attorney to substantiate the cost of each and every expense listed. With regards to your income, you need to provide your average gross pay per month. This affidavit will help the Court to determine spousal support or alimony and allocate the payment of marital bills. The affidavit should be your actual costs for these different categories or your best estimate of costs. The Monthly Income and Expenses Affidavit is important to your case. What is and how do I complete the Monthly Income and Expenses Affidavit? It is important to making determinations regarding spousal support, allocation of debt, and equitable distribution. This affidavit details each party’s stated monthly income, expenses, and debts. Also included in interrogatories is usually a Monthly Income and Expense Statement and Affidavit. In Virginia, interrogatories are limited to 30. Interrogatories are written questions that are answered under oath. Below is a comprehensive overview of what discovery is and how to respond in your divorce, custody or support case. Answers to interrogatories and requests for production of documents and requests for admissions are all usually due within twenty-one days to twenty-four days depending on how they are served. Some of the processes are interrogatories, requests for production of documents, requests for admissions, and depositions.

The specific rules are contained at Rules of Supreme Court of Virginia Part Four Pretrial Procedures, Depositions and Production at Trial Rule 4:1 through 4:12. How do I get information about my spouse’s retirement, 401k, bank accounts, and other assets?ĭiscovery is a pre-trial procedure in which each party can obtain evidence from the other party through specific processes.
