The Vermont 813 form is a financial affidavit required in certain family court cases, such as divorce or child support modifications. This form helps the court understand each party's financial situation, ensuring fair decisions regarding support and custody. If you're involved in a case that necessitates this form, be sure to fill it out accurately by clicking the button below.
The Vermont 813 form is a critical document used in family law cases, particularly those involving divorce, legal separation, or child support matters. This form serves multiple purposes, primarily focusing on the financial circumstances of the parties involved. It is mandatory for individuals to complete and file this form when initiating or modifying legal actions concerning minor children, spousal maintenance, or when ordered by the court. The 813 form requires detailed financial disclosures, including income from employment, other sources of income, public benefits, and expenses related to minor children. Additionally, it necessitates the listing of loans and debts, ensuring a comprehensive view of an individual's financial situation. Timely submission is essential; the form must be filed before the first case manager's conference or at least five days prior to any scheduled court hearing. A completed form must also be shared with the other party, promoting transparency in the legal process. By affirming the accuracy of the information provided, individuals acknowledge the seriousness of their financial disclosures, as any false information can lead to legal repercussions.
STATE OF VERMONT
SUPERIOR COURT
FAMILY DIVISION
Unit
Docket No.
Plaintiff
Defendant
Name
DOB
/ /
V.
FORM 813 A - FINANCIAL AFFIDAVIT
I am: (Please check appropriate box)
Other
My Name and Address:
Street
Town/City
State
Zip
INSTRUCTIONS: You are required to complete and file the 813A if-
1.You are a party in a newly filed divorce, civil union dissolution, legal separation, annulment or parentage action and you and the other party have minor children; OR
2.You or the other party are seeking to modify a previously issued order regarding child support or spousal maintenance (alimony); OR
3.You are the person required to pay support, and an enforcement action has been filed against you; OR
4.Your child is in the custody of the Department of Children and Families and support has been requested of you; OR
5.You are ordered by the Court to complete and file this form or the other party requests that you fill out the form as part of the discovery process.
DEADLINE FOR FILING: This form must be filed with the court before or at your first case manager's conference. If no conference is scheduled it must be filed at least five days before your first scheduled court hearing.
YOU MUST SEND A COPY OF YOUR COMPLETED FORM TO THE OTHER PARTY AT THE SAME TIME THAT YOU FILE IT WITH THE COURT.
When you have completed the form and filled in all the required information, you must sign the Affirmation section below and have your signature notarized.
AFFIRMATION
I have read and filled in all the information requested.
I hereby affirm of my own knowledge that the facts and financial information I have stated are true and correct as of the date of this Affirmation and that I am not omitting any source or amount of income or other information requested on this form. I understand that any false information may constitute perjury by me. I also understand that if I fail to provide the required information or give misinformation, the judge may order sanctions against me.
Sworn to me on
Signature of person making affidavit
,20
My Commission Expires:
/ /,20
Notary Public
10/10 SML
1
SECTION I - INCOME
EMPLOYER NAME and ADDRESS
SECOND EMPLOYER
I am self-employed (sole proprietor, partnership, d/b/a) as a
I am not currently employed because
A.MONTHLY GROSS INCOME FROM EMPLOYMENT - Income before any deductions for payroll taxes or benefits. (If your income varies throughout the year, calculate your annual income and divide by twelve to get your monthly income in each category below.)
To calculate MONTHLY amounts from paychecks:
If you are paid weekly, multiply average weekly pay by 4.333.
If you are paid every other week, multiply average bi-weekly pay by 2.165
If you are paid twice a month, multiply average semi-monthly pay by 2
ATTACH 4 MOST RECENT PAY CHECK STUBS.
1. SALARY OR WAGES
I have included overtime Yes
No
2.TIPS, COMMISSIONS, BONUSES, ROYALTIES
3.SELF EMPLOYMENT INCOME
(Complete Self Employment Attachment on page 11 or attach IRS SCHEDULE C from tax filing)
4. PERSONAL EXPENSES PAID BY EMPLOYER
(for example: cell phone, car, housing allowance, meals, military allowances)
Total Income from Employment
0
B. OTHER SOURCES OF INCOME (Indicate Monthly Amount)
1. RENTAL INCOME
(Complete Rental Income Attachment on page 10 or attach IRS SCHEDULE E from tax filing)
2.RETIREMENT/PENSIONS
3.UNEMPLOYMENT INSURANCE BENEFITS
4.WORKER'S COMPENSATION and/or DISABILITY INSURANCE
5.SOCIAL SECURITY BENEFITS (Specify type
6.VETERANS BENEFITS (VA)
7.INTEREST OR DIVIDEND INCOME
8.TRUST OR ANNUITY INCOME
9.GIFTS OR PRIZE MONEY (Including lottery winnings)
10.SPOUSAL MAINTENANCE (Alimony) (From the other party in this action)
11.SPOUSAL MAINTENANCE (Alimony)
(From a person not a party in this action) 12. OTHER: Please specify
(For example, capital gains)
)
Total Income from Other Sources
TOTAL MONTHLY INCOME
0(Employment and Other Sources)
2
SECTION II - PUBLIC BENEFITS
DO YOU RECEIVE PUBLIC BENEFITS:
yes no
If yes, please check all boxes that apply and indicate dollar amount where indicated
Reach Up, RUFA, TANF
General Assistance
SSI
Dr. Dynasaur/Blue First
Medicaid/Medicare
VHAP
Fuel Assistance
Food Stamps
Housing Assistance
SECTION III - INCOME/EXPENSES of MINOR CHILDREN
''Minor Children '' means children under 18 or children over the age of 18 but still in high school.
A.LIST ALL MINOR CHILDREN YOU HAVE WITH THE OTHER PARTY
NAME
Date of Birth
Current Primary Residence
B.LIST ALL OTHER MINOR CHILDREN FOR WHOM YOU PROVIDE SUPPORT
Relationship to you
C.LIST ALL CHILDREN FOR WHOM YOU ARE ORDERED TO PAY CHILD SUPPORT
Amount Ordered
Amount Paid State/County of Order
3
D.HEALTH INSURANCE AVAILABLE THROUGH YOUR EMPLOYMENT:
You must complete this paragraph if you could get this kind of insurance through your job even if your children are not enrolled. Check with your Payroll or Human Resources Department to obtain amount of your monthly payroll contribution to the cost.
TOTAL MONTHLY FAMILY HEALTH INSURANCE COST TO EMPLOYEE TOTAL MONTHLY TWO PERSON COST TO EMPLOYEE
TOTAL MONTHLY COST FOR SINGLE PERSON COVERAGE TO EMPLOYEE
ARE CHILDREN OF THIS ACTION ENROLLED IN YOUR PLAN?
Yes
E.YOUR CHILD CARE COSTS FOR CHILDREN OF THIS RELATIONSHIP
(If monthly amounts change during the year, use total annual amount divided by 12)
TOTAL MONTHLY CHILD CARE COSTS (before subsidy)
TOTAL MONTHLY CHILD CARE SUBSIDY
OUT OF POCKET COSTS (Total costs minus subsidy)
Transfer out of pocket costs to Page 9, line 51.
F.YOUR EXTRAORDINARY EXPENSES FOR CHILDREN OF THIS RELATIONSHIP
Type of expense
Cost per month
Child's Uninsured Medical expenses
Child's Educational Expenses
Child's Special Needs Expenses
G. MONTHLY INCOME RECEIVED BY A CHILD OF THIS RELATIONSHIP
INCOME SOURCE
Child's Name
Amount
1.DISABILITY BENEFITS
2.SOCIAL SECURITY BENEFITS
3.OTHER
Name of Parent who receives the child's benefit:
4
SECTION IV - LOANS AND DEBTS
I. LOANS
A. Primary Residence Loans:
Type of Loan
Lender
Balance owed
Monthly
Check here if
payment
YOU are making
this payment
1. Primary Residence
2. Second Mortgage
3. Home Equity
Total Primary Residence
Transfer Monthly Payment Total to Page 7, Line 1
B. Other Real Estate Loans - DO NOT include business or rental property loans
Property Description
Balance Owed
Payment
Total Other Real Estate
Transfer Monthly Payment Total to Page 8, Line 38
C. Vehicle Loans
Type of Vehicle
(Year, Make, Model)
Total Vehicle Loans
Transfer Monthly Payment Total to Page 7, Line 14
5
D. Other Loans
YOU are
making this
Personal Loan
School/College Loan
Total
II. DEBTS
A. Credit Card Debt
Card Holder
Company
Transfer Monthly Payment Total to Page 8, Line 43
B. Other Debts (for example tax liens, hospital bills, collection accounts)
Type of Debt
Company/Entity Owed
Balance Due
Monthly payment
if any
6
SECTION V - EXPENSES
I. MONTHLY EXPENSES: List your monthly expenses. For those expenses paid other than monthly, take the annual amount and divide it by 12. If amount paid changes from month to month, use the annual amount divided by 12.
HOUSEHOLD EXPENSES-
Amount paid
Amount paid by
by you
someone
Household
else
1. Rent or Mortgages, including Home Equity Loans
2. Property Taxes
3. Home Owner's or Renter's Insurance
4. Electricity
5. Telephone (Land and Cell Phone)
6. Water
7. Gas for home
8. Oil, Wood or other fuel not listed above
9. Mowing, Plowing, Trash
10. Groceries
11. Cable/Internet
12. Laundry/Dry Cleaning
13. Maintenance/repair
TOTAL OF HOUSEHOLD EXPENSES
VEHICLE EXPENSES
14. Total Vehicle Loans
15. Car Insurance
16. Gas
17. Maintenance/Repairs
18. Registration
TOTAL VEHICLE
INSURANCE EXPENSES
19. Life Insurance
20. Disability Insurance
21. Health Insurance
22. Dental/Vision
TOTAL INSURANCE
7
YOUR PERSONAL EXPENSES
by someone
23.
Uninsured Medical Expenses
24. Clothing/Shoes
25.
Toiletries/Cosmetics
26.
Meals/Snacks eaten out
27.
Hair Care
28.
Magazines, Newspapers, Books, other reading material
29.
Tobacco and Alcohol Products
30.
Veterinarian and other pet expenses
31. Entertainment (movies, bowling, museums, etc.)
32.
Gifts for others
33.
Charitable Contributions
34. Vacation
35.
Union Dues
36. Monthly Contribution to Savings
37.
Monthly Contribution to Retirement Funds (401K, IRA, etc.)
38.
Monthly Loan & Debt Payments (do not include primary
residence loans, credit cards, or vehicle payments)
39. Expenses for Children living with you but not of this relationship
40. Court Ordered Child Support you pay for children of another
relationship.
41.
Court Ordered Spousal Maintenance (Alimony) you pay
42.
Miscellaneous (please list on a separate sheet and fill in total
here)
TOTAL PERSONAL EXPENSES
CREDIT CARD DEBT
43. TOTAL Monthly Payments on Credit Cards
GRAND TOTAL of Household, Vehicle, Insurance and Personal
Expenses and Credit Card Payments
II. INCOME TAX PAYMENTS
MONTHLY PAYROLL WITHHOLDING OR ESTIMATED TAXES
44.FEDERAL
45.FICA
46.MEDICARE
8
47.STATE OF VERMONT
48.OTHER TAXES WITHHELD/PAID III. CHILDREN'S EXPENSES
MONTHLY EXPENSES FOR CHILDREN OF THIS RELATIONSHIP PAID BY YOU
49.
Clothing and Shoes
50. Diapers
51. Out-of-Pocket Child Care Costs related to your employment
52. School lunches
53.
School supplies
54.
Fees/expenses for special activities (e.g., piano lessons, sports)
55. Summer Camp
56.
Private School Tuition
57. Uninsured Medical/Dental Expenses
58. Child Support you pay for your children of this relationship
59.
Miscellaneous: Please itemize below.
Miscellaneous 1
Miscellaneous 2
Miscellaneous 3
Miscellaneous 4
TOTAL MONTHLY EXPENSES FOR CHILDREN
9
RENTAL INCOME ATTACHMENT (Schedule E)
A. ANNUAL RENT RECEIVED
B. ANNUAL RENTAL EXPENSES
Line A
1. Cleaning and Maintenance
2. Commissions
3. Insurance
4. Legal and Other Professional Fees
5. Mortgage Interest Paid to Banks
6. Other Interest
7. Repairs
8. Supplies
9. Taxes
10. Utilities
11. Wages and Salaries
12. Other (please list) a.
b.
C.
d.
13. Depreciation Expense
TOTAL ANNUAL EXPENSES (Add Lines 1 through
13)
TOTAL ANNUAL INCOME (Line A minus Line B)
TOTAL MONTHLY INCOME (Line C divided by 12)
Line B
Line C
Enter this amount on Page 2, B. Line 1, (Section I) of Form 813A
10
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