Blog

What Is Mandatory Disclosure?

If you are involved in a family law case such as a divorce, a custody case, a modification of alimony, or modification of child support, then you will have to fill out a Certificate of Compliance with Mandatory Disclosure. You want to make sure the parties do this. Parties can be untruthful on a financial affidavit. You can then compare the actual documents produced in mandatory disclosure to financial affidavit. That way you can see if financial affidavit is accurate. If not, you can impeach the testimony of the other party regarding their financial affidavit with the documents from mandatory disclosure. If you are contemplating a divorce, you should start gathering these documents.

For Mandatory Disclosure, you must produce the following documents: financial affidavit, all personal federal and state tax income returns for the preceding 3 years, pay stubs for the 3 months before the service of the financial affidavit, a statement identifying all income for 3 months before the service of the financial affidavit, all loan applications for 12 months preceding service of financial affidavit, all deeds to real estate which you own or owned within the past 3 years, all promissory notes you are owed for the last 12 months, all periodic statements for the last 3 months for checking accounts, for the last year for savings accounts, money market funds and certificates of deposit, all brokerage statements for last 12months, most recent statement of pension, profit sharing, deferred compensation, or retirement plan, the declaration page, last periodic statement, ands certificate of any group insurance for all life insurance policies insuring my life or my spouse, all health and dental insurance cards for either me or my spouse and dependent children, corporate, trust and partnership taxes for last 3 years which I have ownership or interest greater than thirty percent, all credit card and charge statements or records showing indebtedness as of date of filing the action and for last 3 months prior to that, all premarital documents, if modification, all agreements between parties, all documents for claims relating to unequal distribution of marital property, enhancement, or appreciation in nonmarital property, or nonmarital status, and any child support or alimony payment orders.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.