I wonder if someone could clarify an issue in relation to affidavit of means in family law. Typically, is it just a snapshot of an individuals financial position at that fixed point in time,or would it be the norm to also look for copies of bank statements etc extending back say 1 year or 3 years of whatever ?
The reason I ask is that I am in a marriage breakdown situation, but it is not at an affidavit of means stage. My parents gave me 40K towards the purchase of a new house in 2006 (family home). It could be argued that they have an interest in the property, as they did not sign any disclaimer negating any interest, and that this is a legitimate course of action.
I would plan to repay them this money in advance of an (inevitable) affidavit of means being sought. They can then give this money to me over time, perhaps 3K each per year to avoid gift tax issues.
If an affidavit of means is just a "snapshot" rather than a look back, this might work for me. Any thoughts on this?
is it the norm to simply look for a "point in time" affidavit of means in an amicable legal separation
Thank you all for your very detailed and comprehensive replies. OK, can I be devils advocate on this and pursue a slightly different line. I right now "gift" sum X to each of my parents that is under the tax threshold for child to parent transfers. My other half simply seeks an affidavit of means in 6 months time, and I correctly fill it out saying that my means are whatever at that point in time (minus 2x of course). I suppose what I am really asking is it the norm to simply look for a "point in time" affidavit of means in an amicable legal separation, or do people generally always look for 1-3 years worth of financial statements as well, even where there is no suspicion of other funds?
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