The 8.05 Financial Declaration: Pen and Sword

Change in life is inevitable, and these changes can often lead to large legal implications. Modifications of child support are no different. People change jobs, lose jobs, make more money and make less money. When these things happen, modifications of child support obligations are often one of the first things people consider. That obligation cannot be changed without an order doing so from the court that established the original decree. A helpful tool in this process is the 8.05 Financial Declaration, named for the Uniform Chancery Rule that requires it. While rather simple, this form can be the difference between a win and a loss in court.

The 8.05 is straightforward enough. It lists out the party’s income, assets, liabilities, and monthly expenses. The assets that must be listed include vehicles, guns, TVs, lawnmowers, and even furniture. Other things listed are mortgages and loans (in today’s world, often student loans). Clients are often concerned at how much financial information they are being asked to reveal, however when a party is requesting a modification of child support, full disclosure of finances is extremely important. The 8.05 is the requesting party’s way of showing the court their finances in a clear and concise way, and by swearing that the figures are accurate, the party is gaining the court’s trust that their modification request is being made in good faith.

As stated in previous posts, modification of a child support obligation requires a showing of a material change in circumstances of the father, the mother, or the minor child. This can be for any number of reasons, none of which really matter without an adequate showing of proof. This is why the 8.05 is so important. When filled out correctly, this document provides hard numbers for the court to look at to aid in their decision. The 8.05 also provides support to your attorney for any more abstract arguments they may use to plead your case. The pen is mightier than the sword, but an accurate financial declaration can act as both in a child support modification case.

Clients often have many questions when filling out an 8.05, and with the extensive information that is requested in the document, those questions are usually not a surprise. When help is needed, attorneys are glad to extend that to their clients, as they should be. A full and honest financial disclosure can be your best friend during a child support modification lawsuit. While the 8.05 is simple on its face, it should not be completed in a rush, as it is an extremely sharp sword to be used in your favor. If you or someone you know is seeking a modification of a child support obligation, call the Law Office of Matthew S. Poole. Our office has the experience to guide you through this difficult process, and emphasizes the little things that may turn out to be an important element in the outcome.

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