An affidavit is a written statement confirmed by oath or affirmation for use as evidence in a court case. The person making the affidavit is called the affiant. In family law cases in North Carolina affidavits are frequently used for a number of different purposes.
The following list is not exhaustive, and the creative use of an affidavit can help almost any case.
Financial affidavit. This is a statement of the affiant’s income and expenses. They are frequently used in postseparation support, alimony, and child support hearings. In theses hearings the court will examine the financial affidavit of each party and receive financial evidence to determines need and ability to pay postseparation support and alimony. Financial affidavits are used sometimes in child support cases where there is a request to vary from the application of the North Carolina child support guidelines.
Equitable distribution inventory affidavit. This is a statement by the affiant of his or her property and debts for purposes of an equitable distribution action. This kind of affidavit usually has a listing of what the party claims to be marital, divisible, and separate property and debt as well as date of separation and current values.
Affidavits of expert witnesses. In some situations it is appropriate to ask an expert to prepare a sworn statement. For example, in a postseparation support case where the payor will get a tax deduction and the recipient will have to pay taxes, one or both parties may hire an expert to give an opinion on the tax impact of different amounts of postseparation support.
Affidavits in child custody cases. Many North Carolina judicial districts allow the use of sworn statement in temporary child custody cases. Durham County is a good example of this. Often these kinds of affidavits are prepared by non-party witnesses. For example, it is frequent to see an affidavit from a child care provider. Affidavits are not used in Wake County temporary child custody cases.
Affidavits in support of other motions. There are many examples of other kinds of affidavits in North Carolina family law cases. For example, the attorney fee affidavit, affidavit in support of a Rule 59 motion or in response to a Rule 59 motion.
Tips for writing an affidavit:
- The best affidavits are written by the person making the affidavit. The affidavit is the testimony of the affiant, not the lawyer or someone else.
- It should be based on facts and observations of the affiant, not opinion.
- A letter is not the same thing as an affidavit.
- It should use plain language and be free from typographical and grammatical errors.
- An affidavit must be sworn to.
"Scott was wonderful throughout the long process and it was clear to me that Scott was knowledgeable of case-law and the Wake County Court system, as well as being especially strong in court. His representation resulted in additional parenting time following the temporary custody trial and since the case proceeded to a full trial, I was ultimately awarded the custody arrangement I was seeking. My daughters reside in Wake County and now if my ex-wife chooses to relocate, I’ll have full legal custody of the girls. Throughout the process, Scott was responsive, provided extremely helpful advice, and genuinely cared about the outcome of my case. I would strongly recommended Scott’s representation for custody matters."
I was out of options and Scott was there to help. I have spoken to or met many attorney's in Wake County and Scott was the only one that REALLY actually cared about my situation. It sounds cliche' but it's not. I could clearly tell that Scott had given a lot of thought to my case. Scott has extensive knowledge of the law. That knowledge coupled with his cerebral approach and courtroom presence were a savior. - Ken
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I wanted to go to court and he went with it. During the initial hearing and all the subsequent hearings he fought for my rights and presented my case diligently and proved the claims by the other party to be false. Most of the lawyers, will tell you settle as it saves them and the court time, but it might not be always in your best interest. Scott is not those lawyers, he really cares about his clients and is not afraid to litigate or fight for his client’s right in the court. - Susan
Scott Allen took my divorce case after my first lawyer failed to stand for my rights.Scott took the case and I began to sleep better at night. My marriage ended from abuse so I was very weary. - Felicia