Paxton, FL Divorce Law Firms & Lawyers

Spousal support is never guaranteed-there is no automatic entitlement in Washington-but any party to a dissolution action can request it. The court is then supposed to consider all relevant factors including: a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances; (c) The standard of living established during the marriage or domestic partnership; (d) The duration of the marriage or domestic partnership; (e) The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and (f) The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance. (RCW 26.09.090)

   You typically cannot waive a financial affidavit when there are assets and liabilities to be divided, but you definitely cannot waive affidavits if there is child support to be determined.  Although adults can make their own decisions when it comes to other financial aspects of a breakup, the right to child support inures to the child.  The recipient parent is only the conduit to receive and allocate it for the child's needs.  The affidavits are needed to calculate the child support guidelines, which also must be filed with the court prior to the final hearing.     However, typically, when the parties have an agreement, the court does not go over the affidavit with a fine tooth comb.  Still you need to fill it out honestly and accurately, to the best of your knowledge as you are required to sign it under oath.      Glad you were able to work everything else out.  Just file the affidavits and get it done!   Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496