Your financial affidavit is due at least five days before any temporary or final hearing.
The Three Deadlines
Uniform Superior Court Rule 24.2 sets out (1) the affidavit deadline, which is at least five days before any temporary or final hearing in an action for temporary or permanent child support, alimony, equitable division of property, modification of support or alimony, or attorney’s fees, (2) the notice deadline, which requires that notice of the date of a temporary hearing be served on the other party at least 15 days before the hearing unless the court orders otherwise, and (3) the amendment deadline, which requires that any change to an affidavit you have already served be served at least five days before the final hearing or trial.
The 15 days is notice of the hearing date, not the affidavit deadline. Those are two separate clocks running in the same rule.
Emergencies Are Different
In emergency actions the affidavit may be served on or before the date of the hearing, or at any other time the court orders. The rule accepts that a true emergency will not wait five days.
The Time Limits Are Not Absolute
Even where a deadline has passed, Rule 24.2 lets the court decide the matter anyway, without strict adherence to the time limits, in two situations: where the financial information was known or reasonably available to the other party, and where a continuance would result in manifest injustice to a party.
At the hearing itself you hand the judge your original affidavit, and a certificate of service confirming you served the other side is filed with the clerk.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!