Financial Affidavit – Illinois

What is ATJ 251.5?

Who needs to file ATJ 251.5?

When to file ATJ 251.5

Documents you need

• Pay stubs or other proof of income (line 1c): attach the most recent copies if you have them or can get them.
• Income tax returns, including K-1, W-2, 1099 and all schedules (line 1c): attach the most recent copies if you have or can get them.
• Bank statements (line 1c): attach the most recent copies as evidence of your assets if you have or can get them.
• Other documents verifying the debts in section 10 and the assets in section 11 (line 1c): list them on the lines provided.
• Complete federal and state business tax returns for the most recent tax year, only if you are self-employed or have other business income (section 3c).
• A copy of the support order and proof you are making the payments, such as cancelled checks or court records, for maintenance you pay (section 7).
• A copy of the support order, if there is one, and proof of payment, such as cancelled checks or court records, if you pay child support to the other parent (section 8).
• A VAP or a court order naming you as a parent, if one exists, for children you support who are covered by section 8 notes (section 8).

How to fill out ATJ 251.5

1. 1

   Mark case type and enter case details

   At the top, check Pre-Judgment or Post-Judgment and enter the county where you are filing, the Plaintiff/Petitioner, the Defendant/Respondent and the case number exactly as they appear on your other court documents.

2. 2

   Complete Section 1, Basic Information

   Line 1a: check Petitioner or Respondent. Line 1b: enter the date as of which you swear the information is true. Line 1c: check the income, tax return, bank statement and other documents you attach.

3. 3

   Enter your personal details

   Section 2: enter your name, phone number, date of birth and address. If you must keep your address secret because of domestic violence, use another address where you can receive mail about the case.

4. 4

   Describe your employment or business

   Section 3: check unemployed (3a), employed by someone else (3b) or self-employed or other business income (3c). For 3b give employer, paychecks per year and gross income so far this year; for 3c give business type, name, address, receipts and expenses.

5. 5

   Report last year's tax information

   Section 4: enter your filing status (4a), deduction type (4b), gross income last year (4c) and the credits you claimed (4d). If you did not file, leave 4b blank but complete 4c.

6. 6

   Enter monthly gross income and deductions

   Section 5: enter the monthly amount for each income source and the Total Gross Monthly Income. Section 6: enter federal tax, state tax, FICA, Medicare and mandatory retirement, then Total Monthly Deductions.

7. 7

   List maintenance and child support paid

   Section 7: enter maintenance you pay and check whether it is tax deductible to you. Section 8: complete 8a through 8d for child support under court orders, payments without an order and other children in your home, then the total.

8. 8

   Itemize your monthly living expenses

   Section 9: enter monthly household (9a), transportation (9b), personal (9c) and minor and dependent children (9d) expenses with subtotals. In 9e give health insurance details and cost, then add subtotals 9a through 9e for Total Monthly Living Expenses.

9. 9

   List your debts

   Section 10: for each creditor enter what the debt was for, the amount owed and the monthly payment, then the total monthly debt payments. Do not repeat expenses already included in section 9.

10. 10

    List your assets

    Section 11: list cash and bank accounts without account numbers (11a), investments (11b), business interests, transfers or sales within the last 2 years of at least $1,000 and real estate (11c), insurance and retirement (11d), and personal property (11e).

11. 11

    Add lawsuits, claims and tax refunds

    Section 12: list each lawsuit or claim, writing "not filed" or "unknown" where the form says to. Section 13: for the last 2 tax years check Refund or Amount Owed for federal and state returns and enter the amounts.

12. 12

    Attach additional forms where needed

    If a section runs out of room, check the matching box and attach the Additional form for that section, entering any totals from those forms on the lines provided.

13. 13

    Sign, review and download the PDF

    Type your name after /s/ if filling out online, enter your phone, attorney number if any, email and address, and check the alternative-address box if it applies. Review every section, then download or print the completed PDF from FillingPDF.

How to submit ATJ 251.5

Common mistakes to avoid

• Writing Social Security or taxpayer-identification numbers, driver's license numbers, financial account numbers or card numbers on the form, or leaving them visible on attached documents; the form says to hide them.
• Filing the affidavit with the Circuit Clerk when no local rule or court order requires it, instead of sending it to the other person or their lawyer.
• Skipping the Proof of Delivery form after sending your documents to the other side; the form says to file it with the Circuit Clerk.
• Entering health insurance deductions in section 6; the form says to list money deducted for health insurance in section 9e.
• Listing mortgage or car payments again in section 10 debts; the form says not to repeat payments already listed in section 9.
• Leaving line 4c blank when you did not file a tax return; the form says to leave 4b blank but still complete 4c.
• Counting SSI, TANF or SNAP as income for child support; the form marks them as not included as income for child support purposes.
• Entering a child under both sections 8a/8b and sections 8c/8d; the note says not to include children already covered by 8a and 8b.
• Filling out the form inside a web page without downloading and saving it first; the Illinois Courts warn that progress is lost.