Throughout your litigation, the court will require you to complete and file a Financial Statement. The Financial Statement must be completed in accordance with Massachusetts Probate and Family Court Supplemental Rule 401. Financial Statements provide the court with an idea of your financial situation and will aid in discovery throughout your proceedings. Every 90 days you can be required to provide a new Financial Statement.
Financial Statements (abbreviated FS) are signed under the pains and penalties of perjury so all information must be truthful and accurate. The court will utilize your FS to gain an understanding of your financial situation when determining child support, spousal support, the division of your marital assets, and even attorneys’ fees.
There are two different Financial Statement forms: one if you earn under $75,000, commonly called the “short form” and one if you earn over $75,000, commonly called the “long form.” There are also additional pages for each section if you need more space to list your assets, income, expenses, and liabilities than are already included in the forms. For “long form” Financial Statements, your signature must be notarized. While there is a place for an attorney’s signature on both forms, if you’re not represented by an attorney, you don’t need to have an attorney sign it.
For filing with the court, Financial Statements must also be printed on a specific color of paper. Short forms should be printed on pink paper; long forms should be printed on purple paper. You should provide an original for the court, a copy for your opposition, and one for yourself to reference during the hearing, should that be necessary.
The court also provides Spanish language Financial Statements for your ease in completing if you are more comfortable completing the document in Spanish. The Spanish FS must then be transferred to an English language form for filing with the court and exchanging FS with the opposing counsel or party.
For assistance with your FS, feel free to contact Foley & MacAdie, P.C.
The information provided by Foley & MacAdie, P.C. is for informational purposes only and does not constitute legal advice.