Preparing Rule 401 Financial Statements (Recorded)

The dos and don’ts for parties appearing in Probate and Family Court in the Commonwealth

Every party who appears in Probate and Family Court on a financial issue in connection with a divorce, child support, alimony, financial contempt, or financial modification is required to submit a Rule 401 financial statement form. For any party tasked with providing information regarding income, assets, liabilities and expenses, the prospect of completing the financial statement can be a daunting one. Whether a W-2 wage earner, a self-employed individual, or a business owner, reporting income is often more complicated than expected. Likewise, the proper way to reflect assets and/or liabilities held in more complex situations can be a challenge. The stakes are often high as financial statement inaccuracies can create confusion or credibility issues for the erring party.

Join experienced family law practitioners as we examine common pitfalls in drafting financial statements and provide practical tips for gathering and reflecting information on this important court form. Topics include how to properly report parties’ income, including that of self-employed litigants and business owners, how to appropriately disclose assets and liabilities (including how to reflect beneficial interests in trusts, unvested stock, and jointly titled assets), and how to generally best capture your clients’ financial circumstances in a financial statement.