The Vermont 813B form is a financial affidavit required for individuals involved in divorce, civil union dissolution, legal separation, or annulment cases that involve minor children. This form helps the court assess the financial situations of both parties, ensuring transparency during the legal process. If you need to complete this form, take the first step by clicking the button below.
The Vermont 813B form serves as a critical document in family law proceedings, particularly in cases involving divorce, civil union dissolution, legal separation, or annulment where minor children are present. This form requires parties to disclose their financial circumstances comprehensively. It includes sections for detailing real estate holdings, personal property, vehicles, bank accounts, investments, retirement accounts, life insurance policies, and business interests. The form is mandatory for parties in newly filed cases or when ordered by the court, ensuring that all relevant financial information is available for consideration. Timeliness is essential; the completed form must be filed with the court before the first case manager's conference or at least five days prior to any scheduled court hearing. Additionally, parties must send a copy of the completed form to the opposing party simultaneously with the court filing. The 813B form also contains an affirmation section, where individuals attest to the accuracy of the information provided, underscoring the importance of honesty in financial disclosures. Failure to comply with these requirements may lead to legal consequences, including potential sanctions. Thus, understanding and accurately completing the Vermont 813B form is vital for anyone navigating the family court system in Vermont.
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STATE OF VERMONT
SUPERIOR COURT
FAMILY DIVISION
Unit
Docket No.
Plaintiff
Defendant
Name
DOB
/ /
V.
FORM 813 B - FINANCIAL AFFIDAVIT: Property and Assets
I am: (Please check appropriate box)
Other
My Name and Address:
Street
Town/City
State
Zip
INSTRUCTIONS: You are required to complete and file the 813B if-
1.You are a party in a newly filed divorce, civil union dissolution, legal separation or annulment and you and the other party have minor children; OR
2.You are ordered by the Court to complete and file this form or the other party requests that you fill out the form as part of the discovery process.
DEADLINE FOR FILING: This form must be filed with the court before or at your first case manager's conference. If no conference is scheduled it must be filed at least five days before your first scheduled court hearing.
YOU MUST SEND A COPY OF YOUR COMPLETED FORM TO THE OTHER PARTY AT THE SAME TIME THAT YOU FILE IT WITH THE COURT.
When you have completed the form and filled in all the required information, you must sign the Affirmation section below and have your signature notarized.
AFFIRMATION
I have read and filled in all the information requested.
I hereby affirm of my own knowledge that the facts and financial information I have stated are true and correct as of the date of this Affirmation and that I am not omitting any source or amount of income or other information requested on this form. I understand that any false information may constitute perjury by me. I also understand that if I fail to provide the required information or give misinformation, the judge may order sanctions against me.
Signature of person making affidavit
Sworn to me on
, 20
My Commission Expires:
/ / ,20
Notary Public
10/10 SML
12
SUMMARY OF ASSETS
Please check each box that applies to you or the other party
REAL ESTATE: (primary residence, camps, land, timeshares, etc.)
I have an interest in (own) real estate either individually or jointly with another.
Yes
No
The other party has/may have an interest in (own) real estate either individually or jointly with another.
PERSONAL PROPERTY: (furniture, antiques, jewelry, electronics, etc.)
I own personal property
The other party owns/may own personal property
VEHICLES: (cars, trucks, ATV's, boats, motorcycles, campers, etc.)
I own vehicles either individually or jointly.
The other party owns/may own vehicles either individually or jointly.
BANK ACCOUNTS:
I have bank accounts either individually or jointly.
The other party has/may have bank accounts either individually or jointly. Yes
INVESTMENTS: (stocks, bonds, mutual funds, trusts, annuities)
I own investments either individually or jointly.
The other party owns/may own investments either individually or jointly.
RETIREMENT ACCOUNTS (IRA, 401 K, pensions, deferred compensation, etc.)
I own retirement accounts. Yes No
The other party owns/may own retirement accounts. Yes No
LIFE INSURANCE POLICIES:
I have life insurance.
Yes No
The other party has/may have life insurance.
BUSINESSES:
I own or have an ownership interest in a business.
The other party owns/may own an interest in a business.
TRANSFER/SALE OF ASSETS
Have you or the other party sold or transferred ownership of any asset in the last 12 months?
Have you or the other party withdrawn funds from an account in the last 12 months for a purpose other than
paying normal household expense payments?
If you answered ''Yes'' to either of the above questions, please list asset sold or transferred OR account from which withdrawal was made, amounts received or withdrawn and any expenditure made from amounts received.
YOU MUST COMPLETE THE REMAINING PAGES OF THIS FORM IF YOU ANSWERED ''YES'' TO ANY OF THE QUESTIONS ABOVE. IF YOU ANSWERED ''NO'' TO ALL QUESTIONS ABOVE, THEN YOU DO NOT HAVE TO COMPLETE THE REMAINING PAGES OF THIS FORM.
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SECTION I - REAL ESTATE
Description of Property Including
Market Value
Mortgages, Liens,
Equity
Location
Attachments
(value minus
liens)
Primary Residence:
Second Home:
Camp:
Timeshare:
Unimproved Land:
Mobile Home:
Residential Rental Real Estate Owned:
Commercial Real Estate:
Other Real Estate Interests:
a.
b.
C.
d.
e.
TOTAL VALUE OF REAL ESTATE
INTERESTS
IF ANY OF THE ABOVE PROPERTIES GENERATE RENTAL INCOME, YOU MUST EITHER:
1.ATTACH SCHEDULE E FROM YOUR LAST 2 TAX RETURNS
or if you did not file taxes
2.FILL OUT RENTAL INCOME ATTACHMENT (Page 10 of Form 813A)
14
SECTION II - PERSONAL PROPERTY
Please list all personal property owned by you and/or the other party. In estimating the market value, please use the amount you could reasonably receive if you sold the item today. Do not use the purchase price or replacement value.
Description of Items
Check if item
Loans/debts
Person paying
is in your
on property
on loan/debt
possession
Jewelry
Antiques
Artwork
Guns
Coins/Stamps
Tools
Collectibles
Piano/Musical instruments
China/Crystal/Silverware
Appliances
Electronics
Furnishings
Computers
Other:
.
15
SECTION III - VEHICLES and BOATS
"Market value'' for motor vehicles is the retail value indicated in the NADA Blue Book or other similar price guide.
Title
Vehicle Description
Outstanding
Holder
(Year, make, model)
Loan
(Value minus
Amount
Loan)
Car #1
Car #2
Truck #1
Truck #2
Motorcycle #1
Motorcycle #2
Boat #1
Boat #2
Snowmobile #1
Snowmobile #2
ATV #1
ATV #2
Camper
RV
Plane
Other Vehicles:
SECTION IV - BUSINESS OWNERSHIP
Owner
Name of Business, Type of Business Activity and Legal Structure of Business (e.g. Sole proprietor, Partnership, Corporation, S- Corporation)
%of Interest Owned
Date of last
valuation
Fair Market Value
You Must Attach an 813A Self Employment Attachment or a Schedule C and/or Form K-1 from your last two
(2)federal income tax returns for any business from which you earn or receive income, profits, distributions, in-kind income, etc.
16
SECTION V - INVESTMENTS
Type of Investment (stocks, bonds, annuities, mutual funds, trusts, etc.)
Description
(name of company, fund, bank, trust and trustee etc.)
Number
of
Shares
SECTION VI - BANK ACCOUNTS and CASH
TYPE OF ACCOUNT
Bank
Current Balance
Checking Account #1
Checking Account #2
Savings Account #1
Savings Account #2
Money Market Account #1
Money Market Account #2
Cash in your possession
Tax Exempt College Funds or
Other College Savings accounts
Health Savings Accounts
Other Accounts
SECTION VII - ACCOUNTS/ FUNDS HELD FOR YOUR OR THE OTHER PARTY'S BENEFIT
Trustee or Holder
Name of Beneficiary
Type of Account
Current Value
17
SECTION VIII - LIFE INSURANCE POLICIES
Of Insured
Beneficiary
Company
Face Value
Balance
Cash Value
SECTION IX - RETIREMENT ACCOUNTS
ACCOUNT
TYPE
Financial Institution
IRA #1
IRA #2
401(k) #1
401(k) #2
403(b)
TIAA/CREF
Keough
TDSP
TSA
Profit Sharing
Savings &
Security
Program
Deferred
Compensation
Value
SECTION X - PENSIONS
TYPE OF PENSION
Pension Administrator
Defined Benefit
Defined Contribution
Target Benefit
Military Pension
SEP
18
The Vermont 813B form is similar to the Financial Affidavit used in divorce proceedings in many states. This document requires both parties to disclose their financial situations, including income, assets, and debts. Like the 813B, the Financial Affidavit aims to ensure that both parties are transparent about their financial circumstances, which is crucial for determining support obligations and property division. The process typically involves completing a detailed form and submitting it to the court, often accompanied by supporting documentation.
Another comparable document is the Child Support Worksheet, commonly used in various jurisdictions. This form calculates the amount of child support one parent must pay to the other. It requires a detailed breakdown of each parent's income, expenses, and the number of children involved. Similar to the Vermont 813B, the Child Support Worksheet seeks to ensure fairness in financial responsibilities following a separation or divorce.
The Financial Disclosure Statement is also akin to the Vermont 813B form. Used in family law cases, this document requires both parties to provide comprehensive financial information. The goal is to ensure that all relevant financial data is available for equitable distribution of assets and liabilities. Like the 813B, this statement must be filed with the court and shared with the other party.
The Affidavit of Support is another relevant document, particularly in immigration cases. This form is used to demonstrate that a sponsor has adequate financial means to support an immigrant. Similar to the Vermont 813B, it requires detailed financial disclosures, including income, assets, and liabilities. Both forms emphasize the importance of honesty and accuracy in financial reporting.
In addition to the various financial documents discussed, it's also important to consider legal tools like the Power of Attorney form, which allow individuals to designate trusted agents for managing their affairs when they're unable to do so. This is particularly relevant in circumstances where financial and healthcare decisions need to be made swiftly and accurately. For those in California looking for comprehensive resources, check out All California Forms to access necessary documents that can facilitate such arrangements.
The Statement of Net Worth is commonly used in divorce proceedings to summarize the financial status of each party. This document requires individuals to list their assets, liabilities, income, and expenses. Like the Vermont 813B, the Statement of Net Worth is essential for the equitable distribution of marital property and ensuring that both parties understand each other's financial situations.
The Income and Expense Declaration is another document that serves a similar purpose. This form is used in family law cases to provide a clear picture of an individual's monthly income and expenses. The goal is to facilitate discussions about support obligations and property division. The structure and intent mirror those of the Vermont 813B, focusing on transparency and accuracy in financial disclosures.
The Property Settlement Agreement often accompanies divorce proceedings and outlines how assets and debts will be divided. While it is more of a final agreement rather than a disclosure document, it relies on the financial information provided in forms like the Vermont 813B. Both documents aim to ensure that both parties have a clear understanding of their financial situation, which is crucial for a fair settlement.
The Disclosure of Assets and Liabilities is used in bankruptcy cases and requires individuals to list all their assets and debts. This document shares similarities with the Vermont 813B in that it seeks to provide a comprehensive overview of an individual's financial situation. Both forms emphasize the importance of full disclosure to achieve fair outcomes in legal proceedings.
The Statement of Financial Affairs is another document used in bankruptcy proceedings. It requires individuals to provide information about their financial history, including income, debts, and transfers of assets. Like the Vermont 813B, this statement aims to ensure that all financial information is disclosed to the court, which is vital for the proper administration of the bankruptcy process.
Lastly, the Tax Return is a document that, while not a form itself, is often used in conjunction with financial affidavits like the Vermont 813B. Tax returns provide a detailed account of an individual's income and can serve as supporting documentation for the financial disclosures made in the 813B. Both documents emphasize the importance of accurate financial reporting and transparency in legal matters.
Misconceptions about the Vermont 813B form can lead to confusion and errors in the filing process. Here are ten common misunderstandings, along with clarifications to help ensure compliance and accuracy.
Understanding these misconceptions can help individuals navigate the requirements of the Vermont 813B form more effectively. Accurate and timely completion is essential for a fair resolution in family law matters.