What is an Affidavit of Direct Payments?

This is a document that is filled out by a party who has received support payments of any kind directly from the other party.  This means that these payments were not garnished from the paying party’s paychecks and/or paid to the Support Payment Clearinghouse.  These can be used for issues of child support and spousal maintenance and any other type of family support where direct payments to the receiving party can be documented.

What You Need to Know

It is unusual for support payments to be paid directly to another party; however, it does happen.  If this happens to you, the paying party may request that you complete one of these forms so that they can file with with Court that they have met at least some of their support obligations.  The Court will then decide then if the payment party gets credit for those payments.  However, you will sign this form before a notary public agreeing that you received the payments so typically they will be applied to the support payment history to give the Court an accurate picture of whether or not the paying party is in compliance with their support obligations. The paying party will then file the document with the Clerk of the Court.

What you Need Before Signing the Affidavit of Direct Payment

Make sure you have available copies of the payments, either cancelled checks, copies of money orders, receipts, and/or bank statements confirming that they payments were made so you can say that you believe everything in the Affidavit is true.  Oftentimes the payment parties will attempt to state they have made more payments than the actually have.

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