What is a Financial Disclosure Form?

A Financial Disclosure Form is a 7 page court approved document that is required by the Court to be completed, filed, and served within 45 days after the service of the Summons and Complaint.

When is a Financial Disclosure Form (FDF) needed?

A FDF is needed when a request for fees, child support, or other matters involving issues with money are made in the complaint.

What is the purpose of the FDF?

The FDF breakdowns the parties monthly gross income and monthly expenses including day care fees; housing expenses; vehicle expenses; and business expenses. The judge can use this information to calculate child support payments and/or attorney’s fees.

What is the law?

The Nevada Rules of Civil Procedure addresses Financial Disclosure Forms:

RULE 16.2. MANDATORY PREJUDGMENT DISCOVERY REQUIREMENTS IN DOMESTIC RELATIONS MATTERS

  • (a) Required Disclosures. Financial Disclosure. In divorce, annulment or separate maintenance actions, a party must complete the court-approved Financial Disclosure Form. In custody matters between unmarried parties where paternity is established, a party must complete the cover sheet, the ‘‘personal income schedule’’ and the ‘‘business income/expense schedule’’ portions of the court-approved Financial Disclosure Form. A party must file and serve the completed Financial Disclosure Form no later than 45 days after service of the summons and complaint.

RULES OF PRACTICE FOR THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA addresses Financial Disclosure Form:

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.

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