Eighth Judicial Court Rules

Rule 5.32 – Motions for support; fees and allowances; affidavit of financial condition required.

Rule 5.32. Motions for support; fees and allowances; affidavit of financial condition required.

  • (a) Any motion for fees and allowances, temporary spousal support, child support, exclusive possession of a community residence, or any other matter involving the issue of money to be paid by a party must be accompanied by an affidavit of financial condition describing the financial condition and needs of the movant. The affidavit of financial condition must be prepared on a form approved by the court. An incomplete affidavit or the absence of the affidavit of financial condition may be construed as an admission that the motion is not meritorious and as cause for its denial. Attorney’s fees and other sanctions may be awarded for an untimely, fraudulent, or incomplete filing.

    (b) Any party opposing a motion for fees and allowances, temporary spousal support, child support, exclusive possession of the community residence, or any other matter involving the issue of money to be paid by a party must also submit an affidavit of financial condition describing the financial condition of that party at the time of the filing of the opposition or no later than 2 days before the date of hearing, whichever is earlier. The affidavit of financial condition must be prepared on a form approved by the court. The failure of a party opposing such motion to file an affidavit of financial condition may be construed as an admission that the opposing party has the resources to pay the amount requested by the moving party or has the resources to permit the other party to have exclusive possession of the marital residence. Attorney’s fees and other sanctions may be awarded for an untimely, fraudulent or incomplete filing.

    (c) Income of a successor spouse of a party must be listed in that party’s affidavit of financial condition in the “other income” section of the affidavit. If any party resides with an adult person other than a spouse, that party’s affidavit of financial condition must reflect the extent to which the cohabitant contributes to that party’s expenses.

    (d) An affidavit of financial condition may only be filed in open court with leave of the judge upon a showing of excusable delay.