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Statement Of Income And Expenses - Missouri

Statement Of Income And Expenses Form. This is a Missouri form and can be used in 11th Circuit (St Charles County) Local Circuit Courts .
 Fillable pdf Last Modified 12/12/2007
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IN THE ________ COURT OF _________________________, MISSOURI (Type of court) (County where court is located) In re the Marriage of _________________ (First) _____________ (Middle) ____________________ (Last) _________ (Jr./Sr./III) Petitioner, -and_________________ (First) _____________ (Middle) ____________________ (Last) _________ (Jr./Sr./III) Respondent. ) ) ) ) ) ) ) ) ) ) ) Cause No. ____________ Division No. ____________ WARNING: Read Carefully You are encouraged to consult with an attorney in the preparation of this document and the presentation of your case to the court. A dissolution of marriage proceeding can substantially affect your financial and personal life for many years. An attorney is trained to assist you in protecting your rights. STATEMENT OF INCOME AND EXPENSES I am the (You must check one of the following two boxes) Petitioner. (The party that filed the original petition) Respondent. (The party that answers the original petition filed by his or her spouse) INSTRUCTIONS NOTE: You should read these instructions carefully. If you do not understand them, you should consult with an attorney. When you go to court, the judge may ask you questions concerning your knowledge of the information contained in these instructions. The court may appoint an attorney to represent you if it feels that you cannot adequately represent yourself. If the court does appoint an attorney to represent you, you or your spouse will be responsible for the payment of these attorney's fees. You must fill in the amounts for both you and your husband or wife. If you do not know the exact amount for your spouse, you should estimate the amount to the best of your ability. DO NOT LEAVE THESE AMOUNTS BLANK. Why does the court require this information? The amount of income and expenses of each party is significant in a dissolution of marriage proceeding for several reasons. First, if there are unemancipated children born of the marriage, the court must determine the amount of child support to be paid by one party to the other party. Missouri Supreme Court Rule 88.01 and Form 14 provide the basis for the calculation of a presumed amount of support. The amounts you enter on this "Statement of Income and Expenses" may be used by the court in calculating the amount of child support. Statement of Income and Expenses - Page 1 of 6 Form PSC050-01/2007 American LegalNet, Inc. www.FormsWorkflow.com Second, the amounts entered on this "Statement of Income and Expenses" may be used by the court in determining whether one party is entitled to maintenance. Maintenance is spousal support paid by one party to the other. Maintenance was formerly called alimony. If a party does not receive maintenance at the time of dissolution, and the judgment is not subject to modification, the party cannot come back to court to request maintenance in the future. A party may be entitled to maintenance if the party lacks sufficient property to provide for his or her reasonable needs or if the party is unable to support him or herself through appropriate employment. See RSMo. §452.335. Third, income and expense amounts may be used by the court in determining the amount of attorney's fees to be awarded a party. The court has the power to order one party to pay the other party's attorney's fees. RSMo. §452.355. If you cannot accurately estimate the income and expenses of your spouse, there are methods available to discover exactly how much your spouse earns and spends. These methods are usually beyond the ability of non-lawyers, and it is strongly suggested that if you do not have an accurate estimate of how much your spouse earns and spends, and these issues would be relevant to your case, then you should contact an attorney to assist you. The court may require you to file a more complete "Statement of Income and Expenses". This would include a more detailed analysis of income and expenses. Please type or print clearly in black ink. A copy of this form MUST be sent to your spouse. The information in this form is open to the public. All pleadings that you file with the court are required to contain the cause number and division number (if applicable). Failure to include the cause number on your pleading may cause your pleading to be filed in the wrong case. If your case has not yet been filed, then you do not have to enter the cause number on this form. YOU MUST FILL IN ALL BLANKS FOR HUSBAND AND WIFE WITH AN AMOUNT EVEN IF THE AMOUNT IS ZERO. 1. INCOME MONTHLY GROSS INCOME ­ Enter one-twelfth of the party's yearly gross income (Income before any taxes or other withholding). This is the amount of money you earn BEFORE any deduction or taxes. WIFE HUSBAND Instructions to Question 1 - "Gross income" includes, but is not limited to, salaries, wages, commission, dividends, severance pay, pensions, interest, trust income, annuities, partnership distributions, social security benefits, retirement benefits, workers' compensation benefits, unemployment compensation benefits, disability insurance benefits, veterans' benefits, and military allowances for subsistence and quarter. Overtime compensation, bonuses, earning from secondary employment, recurring capital gains, prizes, retained earning and significant employment-related benefits may be included in whole or in part. If a party is unemployed or found to be underemployed, "gross income" may be based on imputed income. Excluded from "gross income" is temporary assistance for needy families (TANF) payment, Medicaid benefits, supplemental security income (SSI) benefits, food stamps, general assistance benefits, other public assistance benefits have eligibility based on income and child support received for children not the subject of this proceeding. If a party receives rents or royalties or is self-employed, in a sole proprietorship, or business with joint ownership, "gross income" is gross receipts minus the ordinary and necessary expenses incurred to produce such receipts. Depreciation, investment tax credits and other noncash reduction of gross receipts may be excluded from such ordinary and necessary expenses. Statement of Income and Expenses - Page 2 of 6 Form PSC050-01/2007 American LegalNet, Inc. www.FormsWorkflow.com 2. MAINTENANCE RECEIVED MAINTENANCE RECEIVED EACH MONTH ­ Enter the monthly amount of any court order for maintenance that each party actually receives for current maintenance. WIFE HUSBAND Instructions to Question 2 ­ This amount refers to maintenance that eith
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