logo logo

What is a Domestic Relations Financial Affidavit (DRFA)?

A Domestic Relations Financial Affidavit or “DRFA” is a form mandated by the Georgia Superior Court system (Rule 24.2) that aids judges in determining the correct amount of child support to be paid based on the income of both parties. A DRFA can also be used to help determine how much alimony, if any is to be paid. This document may also be used for determining additional allowances for a child’s healthcare expenses or spousal support / alimony. The DRFA form is recognized as a sworn signed and notarized statement, drafted in the form of an affidavit, attesting to the court the signing party’s assets, income, and itemized expenses. A Domestic Relations Financial Affidavit is mandatory in any family law case involving matters of divorce, alimony, child custody, child support, or case modification.

All sources of income must be provided on a DRFA including those personal expenses paid through a business, small cash income transactions, side businesses, unreported earnings, non-reportable income excluded from tax returns. If any type of personal expense is paid through a business the personal expense also needs to be added to reported income on the DRFA–with the only exception being if a business is being legitimately operated within a living residence. It is important to report all figures as accurately as possible as a DRFA is one of the most frequent lines of legal questioning in litigation and any form of evasion or failure to report can lead to perjured testimony or complications that may significantly lessen your credibility with the Judge.

In addition to income all current assents must be listed within a DRFA which includes both marital assets and separate property acquired prior to the marriage. Examples of assets that should be listed on a DRFA are, inheritance either physical or monetary, any form of separate account, bank account, money market, safety deposit box, stocks etc. Even if a spouse is not aware of the account or the account has been separate it still needs to be listed as a current asset of significant value on your DRFA.

It is important to complete and return a DRFA to your legal counsel as soon as possible so that if any corrections need to be made that they can be accounted for, corrected, and appropriately filed prior to any final hearing setting child support or alimony. The more accurate a party is in filing their DRFA the better the estimates will be in aiding the judge in assessing the owed amount. It is tempting for some individuals when filing their DRFA to inflate their expenses and pad their itemized expenses with higher monthly estimates. However, it is easy for any attorney to spot when a person has intentionally padded their expenses as the numbers will not add up and could work against you in the court room by making you appear deceptive. Most importantly, be honest and accurate in your statements on the DRFA because Judges are experienced and have seen thousands of cases and can spot bad faith estimates almost immediately.

 

bottom