How to fill out a Financial Statement

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Massachusetts Law Reform Institute
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The Massachusetts Probate and Family Court requires you to fill out a Financial Statement in

  • divorce cases,
  • separate support cases,
  • custody cases,
  • child support cases, and
  • similar family law cases.

You file the Financial Statement in person at the court or by mail. You get a copy of the form online or at the court. The form has two purposes:

  1. for you to explain your financial situation to the court and
  2. for each party in the case to explain his or her financial situation to the other party.

The Financial Statement is an important court document. When you sign the Financial Statement you swear that you are telling the truth.

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Which Financial Statement form should I use?

The court has two different versions of Financial Statement documents. The version you use depends on your income.

If your gross income before taxes and any deductions is:

The Short Form Financial Statement is in:

There are instructions for filling out a Financial Statement in:

You will need to do basic math when filling out the form. The online English version of the Short Form Financial Statement has a built-in calculator that does the adding and subtracting for you.

Tips for filling out the Financial Statement

The financial statement must be filed on pink paper. Each Probate and Family Court has copies of Financial Statement forms on pink paper. If you fill out the form electronically, print it on pink paper if you can.

Don't wait until the last minute.

If possible, fill out the Financial Statement before your first hearing so that you are not rushed and do not make mistakes. If you go to court without completing a Financial Statement, they might tell you to fill one out before you are able to see a judge. 

Use a calculator.

Because you will have a lot of adding, subtracting, and dividing to do to complete the form, you may consider using a calculator. You can use one on your computer or phone. If you do not have a calculator, you may be able to borrow one. 

Also, look carefully at what the financial statement asks. For example, you are asked to give your weekly gross income on the first page. If you are paid twice a month, then you need to divide your biweekly paycheck by 2 to know how much you make per week.

What information do I include?

You must fill in every line of the form. If something does not apply to you, write "0" or "none." If you run out of space on any item, attach a separate sheet of paper. 

Documents that can help you fill out the Financial Statement:

  • Pay stubs for the past 12 months, if you have a salary.
  • Gas and electric bills for the past 3 months.
  • Telephone bills for the past 3 months.
  • Most recent mortgage statement, deed or other document that states date of purchase, purchase price and lot number, if you own a house or land.
  • Tax returns for the last year.

NoteThese instructions correspond to the sections and letters on the Short Financial Statement. Write “0” on any line you have no income for. It’s helpful if you bring your most recent pay stub to court. If you’re self-employed, bring last year’s tax return, including Schedule C and any other related forms.

Top of the Form, and Part 1: Personal Information

Top of the Form

Write your county on the line next to Division.

Fill in the Docket Number. This is the number that the court has assigned to your case. If you do not know it, ask the clerk.

Fill in the names of the Plaintiff and the Defendant. The Plaintiff is the person bringing the case to court. The Defendant is the person whom the case is against.

Part 1: Personal Information

Fill in all of the information requested. If your address is impounded (kept secret by the court) or listing it would put you or your children in danger, do not write your address on the Financial Statement. See Protecting your information.

Part 2: Gross Weekly Income for All Sources

Here you need to provide information about your weekly income before taxes are taken out.

  1. Base pay from salary and wages: Give your current salary. Suggestion:  If your salary changes from paycheck to paycheck, give the average amount for the past 3 months.
  2. Self-Employment Income: If you are self-employed or own a business, you must fill out and attach a form called Schedule A, Monthly Self-Employment or Business Income. This form is also available at the court.
  3. Social Security: This is for Social Security Retirement (OASDI) and Social Security Disability Insurance payments (SSDI).
  4. Line (k): Check of of the three boxes that applies and put the total weekly amounts on line (k) Disability, Supplemental Security Income (SSI), Unemployment insurance, and Worker's compensation.  
  5. Public Assistance: This includes TAFDC, EAEDC, and Food Stamps.
  6. Rental Income: If you get income from rental property, you must fill out and attach a form called Schedule B, Rent from Income-Producing Property. This form is available at the court.
  7. All other sources: This includes child support payments, alimony, and any other income not listed in (a) through (p). Again, if these payments change from time to time, figure out the average weekly amount.
  8. Total Gross Weekly Income: Add together all of your income in lines a to q.


 

Part 3: Itemized Deductions from Gross Income

Here you need to provide your weekly deductions from gross income.

  • (a) & (b) If you get a salary, your pay stubs should list federal and state tax deductions.
  • (c) If you get a salary, check your pay stub to see how much FICA is taken out. There may also be a separate Medicare deduction on your pay stub. If there is, add the FICA and Medicare together, figure out what the weekly amount of FICA + Medicare is, and put this number on line (c).
    • If the amount of FICA is different on your pay stubs over the past year, you need to figure out the average weekly amount by adding up all FICA deductions over the past 12 months and dividing the total by 52.
    • If you have not been getting a paycheck for a full year, add all the FICA amounts you've received, count the number of weeks you've received paychecks, and divide the total FICA amount by that number of weeks.
  • (f) Add together all deductions in lines (a) to (e).
Part 4: Adjusted Net Weekly Income

Subtract line 3(f) from line 2(r) to get your adjusted net weekly income.

Part 5: Other Deductions from Salary

Here you need to provide information about the weekly amount of all other deductions that come out of your salary.

Part 6: Net Weekly Income

Subtract line 5(e) from line 4 to get your net weekly income.

Part 7: Gross Yearly Income from Prior Year

You must provide your gross yearly income (before taxes) from the prior year. Add up all your paychecks for the last calendar year. If you received TAFDC in the last year, multiply the amount on your check (which comes twice a month) by 24 to get your total for the last calendar year. You must also attach a copy of all W-2 and 1099 Forms for the prior year.

Part 8: Weekly Expenses

Read through all the categories (a-s) and think about what you will put under each category. Pick only one category to put an expense under and not list it twice. Again, you must fill in the weekly amounts.

(d) & (e): If you have gas heat and you also have other items on your gas bill (stove, dryer, etc...), try to estimate how much of the bill is for heat and put that on line (d) and how much is for other gas charges and put that on line (e).

(f): Put the average telephone bill by adding up the last 3 months of bills and dividing by 13. (g) List water and sewer amounts if you pay for them. If not, write "none".

(i), (j), & (o): House supplies, laundry and cleaning, and incidental and toiletries are very similar categories. Make sure you list each item in only one category. For example:

  • (i) House supplies = light bulbs, batteries, toilet paper.
  • (j) Laundry and cleaning = laundromat costs, detergent, cleaning supplies
  • (o) Incidentals and toiletries = toothpaste, makeup

(k): You will need to provide an average weekly amount you spend on clothing by figuring out how much you spend for the whole year and dividing that by 52. People often buy a few big ticket items over the course of a year, such as new school clothes for children, winter coats and boots for children, clothes for yourself during the year.

(n): If you have medical insurance, in this line you should document how much you have paid out-of-pocket in co-payments and deductibles that your insurance did not cover. This includes dental care, therapy, medicine (such as cough medicine, aspirin, vitamins). If you do not have medical insurance, this line should show all of your medical expenses. Again, you must figure out the weekly average amount).

(p): These are repairs and maintenance costs for your car, which include garage costs and gas. This does not include auto loan payments, which go on the next line.

(q): This means auto loan payments.

(r): This includes regular child care and additional babysitting.

(s): Other can include (but is not limited to) other expenses not already included:

  • Restaurants
  • Cable
  • Vacation
  • Public Transportation
  • Membership Dues
  • Entertainment
Part 9: Intentionally Left Blank

Go on to Part 10.

Part 10: Assets

(a) Real Estate: Refers to any house or land that you own, either alone or jointly with your spouse or anyone else.

  • Next to location, list the address.
  • Next to title held in the name of put the names of each person whose name is on the deed.
  • Next to Fair Market Value, give your best estimate of the price that you could get for it if you sold it today. Write on the form that this is an estimate. If you can not estimate the Fair Market Value, give the purchase price and write on the form that this was the purchase price.
  • Next to Mortgage, list the unpaid balance on the mortgage.
  • Next to Equity, subtract the Mortgage from the Fair Market Value. If the answer is a negative number, make sure to put a minus sign before the number.

(f) Give the Fair Market Value of each automobile that you or your spouse own and indicate who actually has the vehicle. The Fair Market Value is the price that you could get for the car if you sold it today. List the amount unpaid on any car loan. Subtract the amount unpaid on the loan from the Fair Market Value to get the Equity.

(g) List any other personal property that is either in your possession or your spouse's possession, such as: furniture, jewelry, boats, collections, firearms, recreational vehicles, silver, stereo equipment, and tools. For any item over $500 describe it specifically. If the property is in your spouse's possession, indicate that on the form. To estimate the value of your furniture, estimate what you would charge if you sold the entire contents of your home today. This is a rough estimate.

Part 11: Liabilities

Liabilities are debts.  Here you must list all of your debts. For each debt you must list:

  • Name of the person or institution you owe the money to (creditor),
  • Nature of the debt (for example, personal loan, doctor's visit, car loan, household items),
  • Date that you first incurred the debt (date of origin),
  • Total amount due, and
  • How much you are paying or planning to pay on a weekly basis.
  • (e) Here you must add up the total amount of the debts and put this on the first line. Then figure out what the total amount of the weekly payments for your debts would be and put this on the second line. If you have been unable to make the payments, write "0" or "none."
Signature page
  1. Sign the form. The words saying, "I certify under penalties of perjury" mean that you swear that all the information you have written down is true. If you do not tell the truth, you can be punished by the court.
  2. If you are representing yourself, write "pro se" in the blank above "Signature of Attorney."
  3. Write your address and telephone number. If it is impounded (kept secret by the court) or listing it would put you or your children in danger, then do not write your address or phone number down.
File the Financial Statement with the court

Make 2 copies of the form: one for yourself, and one to give to the other party or their attorney. You file the original form with the court.

File the form within 45 days after the plaintiff delivers the complaint to the defendant

File the original form

  • by mail to the Probate and Family Court, or 
  • hand-deliver it to the registry at the court. 

If you haven’t filed your Financial Statement before your first court appearance, expect that the court staff will ask you for the form on the day you arrive to court. Always make sure you have a copy of the Financial Statement with you so that if the court asks you questions, you can look at it. You are also required to give a copy of your Financial Statement to the other party.

If you have children, the court looks at child support at the same time. Usually, both parties fill out what is called a "child support guidelines worksheet" and file it at the same time as their Financial Statement. 

Forms

Download the blank forms as PDFs:

 Sample forms

Download examples of filled-out forms as PDFs:

  • Sample Financial Statement Short Form
    It is filled out for a parent with custody of two children. 
  • Sample Request for Financial Statement and letter
    • Either party can ask the other party to file a Financial Statement with the court and give you a copy. 
    • You have to give 10-day notice to the other party, and file your Request with the court.
    • You can make this request every 90 days if you need to.
    • If the other party is refusing to file a Financial Statement, this can be a helpful way to demand that they follow the rules.
  • Sample Motion to Compel Financial Statement and Proposed Order
    This is an example of a Motion you can file to ask the court to make the other party file a Financial Statement if you are having trouble getting them to do so. Use this after you have made a formal Request for a Financial Statement using the method above. You must also file a Proposed Order; see the example on page 2.
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