Filing an Affidavit of Financial Information in AZ | Hildebrand Law, PC

The short answer to the question of what is the effect of filing an Affidavit of Financial Information with the court is that the document has no evidentiary value and you still must meet the evidentiary requirements to move that Affidavit of Financial Information into evidence during a trial because the court can only take judicial notice that it was filed but cannot take judicial notice of the contents of that Affidavit of Financial Information.

The Long Answer

In re the Marriage of Kells, 182 Ariz. 480, 897 P.2d 1366 (1995), raised two issues on an appeal from a dissolution of marriage .

Father contended trial court’s child support award was unsupported by the evidence; Mother contended the court incorrectly valued Father’s business interest. The Court of Appeals agreed with both parties for once.

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The Child Support Appeal

On appeal, Father contended that Mother never gave such testimony, which Mother did not dispute, and the Court of Appeals review of the record confirmed so.

Accordingly, unless other evidence supports the court’s award, it must be set aside as an abuse of discretion.

Mother contends the court’s award was supported by her spousal affidavit, which showed that she and the children had expenses of over $9,000 per month.

Although not offered or admitted in evidence, Mother argued the affidavit could properly be considered by the court because:

(1) Rule 6.4(b) of the Maricopa County Local Rules (MCLR), 17B A.R.S., requires the affidavit to be filed when child s upport will be an issue in a domestic relations trial ;

(2) the affidavit was “before the court” under MCLR 6.4(d);

(3) the affidavit was filed with the pretrial statement as required by MCLR 6.5(b); and

(4) the court could take judicial notice of the affidavit.

The Court of Appeals was not as persuaded as Mother was with her own argument.

Mother first argued that the trial court could properly treat her spousal affidavit as testimony because it “should be considered as a trial affidavit” under MCLR 6.4(b).

The Court of Appeals didn’t think so. Although MCLR 6.4(b) does bear the heading “Trial Affidavit,” its text simply requires each party to file a spousal affidavit when child support will be an issue at trial.

Nothing in the text expressly provides that the mere filing of the affidavit obviates the usual requirements for proof at trial, nor is that reasonably implied by the heading.

It simply denotes one of the four circumstances when an affidavit must be filed under MCLR 6.4. In none of those circumstances, except perhaps for default proceedings or uncontested matters, is there any suggestion that the affidavit has any greater evidentiary value than interrogatory answers or deposition testimony, both of which are given under oath but, absent agreement, may not properly be considered by the court without being offered in evidence.

A Court Cannot Take Judicial Notice of the Contents in a Financial Affidavit

Frequently Asked Questions About Affidavits of Financial Information:

Where can I download the Affidavit of Financial Information for a Maricopa County Family Law Case?

You can download the Maricopa County Affidavit of Financial Information (“AFI”) on the Maricopa County Superior Court’s website. Here is a link to that form: https://superiorcourt.maricopa.gov/media/2828/drosc13fz.pdf

Do I need to include my spouses income in the Affidavit of Financial Information?

Yes, section 1(F) of the Affidavit of Financial Information requires you to include the monthly income of anyone, including a spouse, who lives in your household.

What financial documentation am I required to attach to the Maricopa County Affidavit of Financial Information?

You are required to attach your two most recent paycheck stubs, your federal income tax returns for the prior three (3) years, as well as all 1099 and W-2 forms for the past three years. If you do not attach these financial documents, you must attach a separate paper on which you explain why you did not provide that documentation.

Do I have to fill out the Schedule of All Monthly Expenses on the Maricopa County Affidavit of Financial Information?

Generally, yes, you do have to fill out the Schedule of All Monthly Expenses. The only exception to that rule is if your case does not involve issues of spousal maintenance, a deviation in child support, or enforcement of prior financial orders, such as enforcement of child support or spousal maintenance.

Should I attach other documents, such as copies of my monthly bills, to the Affidavit of Financial Information?

Generally, no, you should not attach your monthly bills or other documents to the Affidavit of Financial Information. However, it is helpful if you disclose copies of those bills and documents to your spouse to provide proof supporting the accuracy of the information you included in the Affidavit of Financial Information.