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Structure

The Family Law Financial Affidavit 12.902(b), commonly utilized in Florida's family law cases, plays a crucial role in providing a comprehensive overview of an individual's financial standing when they are earning under $50,000 per year. It is imperative in various legal situations including divorce, child support, and alimony, except in specific instances such as simplified dissolutions of marriage without financial affidavits or when financial issues have been resolved through a settlement. The affidavit requires detailed information on income, deductions, and expenses, presented on a monthly basis, which necessitates careful conversion of any non-monthly financial data. This form, which must be completed accurately and sworn before a notary, aids the court in making informed decisions regarding financial matters. Moreover, it highlights special considerations for safeguarding the address details of individuals who are victims of violence or harassment, and provides guidelines for nonlawyers assisting with the document, ensuring they disclose their involvement fully. Essentially, the Family Law Financial Affidavit 12.902(b) form is a key document that influences the outcomes of family law proceedings by outlining one's financial reality in a structured and clear manner.

Document Sample

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (01/15)

When should this form be used?

This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is UNDER $50,000 per year unless:

(1)You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of a financial affidavit;

(2)You have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues; or

(3)The court lacks jurisdiction to determine any financial issues.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be served on the other party in your case within 45 days of being served with the petition, if it is not served on him or her with your initial papers. Service must be in accordance with Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before pro eedi g, you should read Ge eral I for atio for “elf-Represented Litiga ts fou d at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.285.

Special notes...

If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.

Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

Hourly - If you are paid by the hour, you may convert your income to monthly as follows:

Hourly amount

x

Hours worked per week =

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Daily - If you are paid by the day, you may convert your income to monthly as follows:

Daily amount

x

Days worked per week

=

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Weekly - If you are paid by the week, you may convert your income to monthly as follows:

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows:

Bi-weekly amount

x

26

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:

Semi-monthly amount x

2

=

Monthly Amount

Expenses may be converted in the same manner.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

IN THE CIRCUIT COURT OF THE

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

 

COUNTY, FLORIDA

 

 

 

 

Case No.: ______________________

 

 

 

 

Division: _______________________

 

,

 

 

 

Petitioner,

 

 

 

and

 

 

 

 

,

 

 

 

Respondent.

 

 

 

FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)

(Under $50,000 Individual Gross Annual Income)

I, {full legal name}

 

 

 

 

, being sworn, certify that the following

information is true:

 

 

 

 

My Occupation:

 

 

 

Employed by: ___________________________

Business Address: ________________________________________________________________

Pay rate: $

 

( ) every week (

) every other week ( ) twice a month ( ) monthly

( ) other: ____________

 

 

 

___ Check here if unemployed and explain on a separate sheet your efforts to find employment.

SECTION I. PRESENT MONTHLY GROSS INCOME:

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for a thi g that is NOT paid o thl . Atta h ore paper, if eeded. Ite s i luded u der other should

be listed separately with separate dollar amounts.

1.$______ Monthly gross salary or wages

2.______ Monthly bonuses, commissions, allowances, overtime, tips, and similar payments

3._______Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expenses.)

4._______Monthly disability benefits/SSI

5._______Mo thl Workers’ Co pe satio

6._______Monthly Unemployment Compensation

7._______Monthly pension, retirement, or annuity payments

8._______Monthly Social Security benefits

9.______ Monthly alimony actually received (Add 9a and 9b)

9a. From this case: $ _______

9b. From other case(s): _______

10._______ Monthly interest and dividends

11._______Monthly rental income (gross receipts minus ordinary and necessary expenses

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

required to produce income) (Attach sheet itemizing such income and expense items.)

12._______ Monthly income from royalties, trusts, or estates

13._______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses

14._______ Monthly gains derived from dealing in property (not including nonrecurring gains)

15._______ Any other income of a recurring nature (list source) _________________________

16.__________________________________________________________________________

17.$ _______ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 116)

PRESENT MONTHLY DEDUCTIONS:

18.$______Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)

a.Filing Status ____________

b.Number of dependents claimed _______

19._______ Monthly FICA or self-employment taxes

20._______ Monthly Medicare payments

21._______ Monthly mandatory union dues

22._______ Monthly mandatory retirement payments

23._______ Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship

24._______ Monthly court-ordered child support actually paid for children from another relationship

25._______Monthly court-ordered alimony actually paid (Add 25a and 25b)

25a. from this case: $ _______

25b. from other case(s):$ _______

26.$_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25).

27.$_______ PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17)

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form)(01/15)

SECTION II. AVERAGE MONTHLY EXPENSES

Proposed/Estimated Expenses. If this is a dissolution of marriage case and your expenses as listed elow do ot refle t what ou a tuall pa urre tl , ou should write esti ate e t to ea h a ou t

that is estimated.

A. HOUSEHOLD:

 

Mortgage or rent

$ _______

Property taxes

$_______

Utilities

$_______

Telephone

$ _______

Food

$ _______

Meals outside home

$_______

Maintenance/Repairs

$ _______

Other: __________

$_______

B. AUTOMOBILE

 

Gasoline

$ _______

Repairs

$_______

Insurance

$_______

C.CHILD REN ’“ EXPEN“E“

Day care

$ _______

Lunch money

$_______

Clothing

$ _______

Grooming

$_______

Gifts for holidays

$ _______

Medical/Dental (uninsured)

$ _______

Other: ______________

$ _______

D.INSURANCE Medical/Dental (if not listed on

lines 23 or 45)

$ _______

Child re ’s edi al/de tal

$ _______

Life

$ _______

Other:

 

 

$ _______

E. OTHER EXPENSES NOT LISTED ABOVE

Clothing

$ _______

Medical/Dental (uninsured)

$_______

Grooming

$ _______

Entertainment

$_______

Gifts

$_______

Religious organizations

$_______

Miscellaneous

$_______

Other: ______________

$ _______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

F. PAYMENTS TO CREDITORS

 

CREDITOR:

MONTHLY

 

PAYMENT

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

28. $_______ TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above)

SUMMARY

29.$_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)

30.$_______ TOTAL MONTHLY EXPENSES (from line 28 above)

31.$_______ SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.)

32.($_______) (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.)

SECTION III. ASSETS AND LIABILITIES

Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is o arital, ea i g it elo gs to o ly o e of you a d should ot e divided. You should indicate

to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if

property/debt was owned/owed by one spouse before the marriage. See the Ge eral I for atio for

Self-Represe ted Litiga ts

found at the beginning of these forms and section 61.075(1), Florida

“tatutes, for defi itio s of

arital a d o arital assets a d lia ilities.

A. ASSETS:

 

 

 

 

 

 

 

 

 

 

 

 

DESCRIPTION OF ITEM(S). List a description of each separate item

Current

Nonmarital

 

owned by you (and/or your spouse, if this is a petition for dissolution

 

(check correct

 

Fair

 

of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check

 

column)

 

Market

 

 

the line next to any asset(s) which you are requesting the judge

 

 

 

 

Value

 

 

 

 

award to you.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

husband

wife

 

 

 

 

 

 

Cash (on hand)

$

 

 

 

 

 

Cash (in banks or credit unions)

 

 

 

 

 

 

Stocks, Bonds, Notes

 

 

 

 

 

 

Real estate: (Home)

 

 

 

 

 

 

(Other)

 

 

 

 

 

 

Automobiles

 

 

 

 

 

 

Other personal property

 

 

 

 

 

 

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____Check here if additional pages are attached.

 

 

 

 

 

 

 

 

 

 

 

Total Assets (add next column)

$

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

B. LIABILITIES:

 

DESCRIPTION OF ITEM(S). List a description of each separate debt

 

Current

 

Nonmarital

 

 

 

(check correct

 

owed by you (and/or your spouse, if this is a petition for dissolution

 

 

Amount

 

column)

 

of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check

 

 

 

Owed

 

 

the line next to any debt(s) for which you believe you should be

 

 

 

 

 

 

 

 

 

 

 

 

responsible.

 

 

 

husband

wife

 

 

 

 

 

 

 

 

 

 

 

 

Mortgages on real estate: First mortgage on home

$

 

 

 

 

 

Second mortgage on home

 

 

 

 

 

 

 

Other mortgages

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auto loans

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Charge/credit card accounts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____Check here if additional pages are attached.

 

 

 

 

 

 

Total Debts (add next column)

 

$

 

 

 

 

 

 

 

 

C. CONTINGENT ASSETS AND LIABILITIES:

INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here.

 

 

Contingent Assets

 

Possible

 

Nonmarital

 

 

 

 

 

 

 

 

 

(check correct

 

Check the line next to any contingent asset(s) which you are requesting the

 

Value

 

column)

 

 

 

 

 

 

 

judge award to you.

 

 

 

husband

 

wife

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

Total Contingent Assets

$

 

 

 

 

Contingent Liabilities

 

Nonmarital

 

Possible

(check correct

Check the line next to any contingent debt(s) for which you believe you

Amount

column)

should be responsible.

Owed

 

 

 

husband

wife

 

 

 

$

 

 

Total Contingent Liabilities

$

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

SECTION IV. CHILD SUPPORT GUIDELINES WORKSHEET

(Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.)

[Check one only]

____ A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the

establishment or modification of child support.

____ A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or

modification of child support is not an issue in this case.

I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed

() hand delivered to the person(s) listed below on {date} ________________________________.

Other party or his/her attorney:

Name: _____________________________

Address: ____________________________

City, State, Zip: _______________________

Fax Number: _________________________

E-mail Address(es): _____________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:

Signature of Party

Printed Name: ________________________________

Address: ___________________________________

City, State, Zip: ______________________________

Fax Number: ________________________________

E-mail Address(es): ____________________________

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

 

 

by

 

.

 

 

________________________________

 

 

 

 

 

NOTARY PUBLIC or DEPUTY CLERK

 

 

 

________________________________

 

 

 

 

 

[Print, type, or stamp commissioned

 

 

 

 

 

name of notary or deputy clerk.]

 

____ Personally known

 

 

 

 

 

____ Produced identification

 

 

 

 

 

Type of identification produced

 

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only ONE} ( ) Petitioner (

) Respondent

This form was completed with the assistance of:

 

 

{name of individual}

 

 

,

{name of business} ___________________________________________________________________,

 

{address}

________________________________,

{city}

 

________,{state} ________ {telephone number}

.

 

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

File Attributes

Fact Name Description
Form Purpose This form is used in family law cases requiring a financial affidavit where the individual's gross income is UNDER $50,000 per year.
Exceptions for Usage The form is not required if filing a simplified dissolution of marriage with waivers for financial affidavits, there are no minor children or support issues with a settled agreement, or the court lacks jurisdiction over financial matters.
Completion and Filing Instructions The form should be typed or printed in black ink, signed before a notary or deputy clerk, and the original filed with the clerk of the circuit court where the case is filed.
Service on Other Party A copy must be served on the opposing party within 45 days of being served with the petition if not included with the initial paperwork, following Florida Rule of Judicial Administration 2.516.
Special Provisions for Safety If the individual is a victim of certain crimes like domestic violence or stalking, they can request their address be kept confidential by filing a Request for Confidential Filing of Address instead of providing it on the form.
Governing Laws The form is governed by Florida Family Law Rules of Procedure, specifically referring to the completion instructions in Rule 12.285 for further information.
Income and Expenses Conversion Income and expenses not paid monthly must be converted to monthly amounts using provided calculations to accurately report financial status.

Guidelines on How to Fill Out Family Law Financial Affidavit 12 902 B

Filling out the Family Law Financial Affidavit Form 12.902(b) is a crucial step in various family law cases for individuals with an annual gross income of under $50,000. This document collects detailed information about one's financial situation, which is essential for ensuring a fair and informed legal process. The steps to complete the affidavit correctly require attention to detail and accuracy in documenting your financial status.

  1. Begin by entering the case number and division at the top of the form where indicated.
  2. Fill in your full legal name along with the name of the petitioner and respondent as required.
  3. Under "My Occupation," specify your job title, the name of your employer, and the business address. Include your pay rate and select the frequency of your payments from the options provided. If unemployed, tick the corresponding box and attach a separate sheet detailing efforts to find employment.
  4. In Section I, titled "PRESENT MONTHLY GROSS INCOME," convert your income to monthly amounts using the conversion hints provided if your income or expenses are not already in monthly terms. List all sources of income, including salary, bonuses, business income, disability benefits, and any other recurring income, specifying amounts next to each source.
  5. Calculate the total present monthly gross income and enter this amount at the end of Section I.
  6. Proceed to "PRESENT MONTHLY DEDUCTIONS" and list all applicable deductions, including taxes, insurance payments, and any court-ordered support payments. Again, total these deductions and enter the sum.
  7. Subtract your total deductions from your total gross income to find your present net monthly income. Fill in this amount at the bottom of the deductions section.
  8. In Section II, "AVERAGE MONTHLY EXPENSES," detail your monthly expenses, breaking them down into categories such as household, automobile, children's expenses, insurance, and other expenses not listed elsewhere. If some expenses are estimates, mark them as such.
  9. List any monthly payments to creditors, including the creditor's name and the monthly payment amount.
  10. Review the entire form to ensure all information is accurate and complete. Any additional sheets used should be attached to the affidavit.
  11. Sign the form before a notary public or deputy clerk. The section for your signature will typically be at the end of the document.
  12. File the original affidavit with the clerk of the circuit court in the county where the petition was filed and retain a copy for your records.
  13. Remember to serve a copy of this affidavit on the other party in your case within 45 days of being served with the petition, unless it was included with your initial papers.

It is important to follow each step carefully to ensure the form is filled out thoroughly and accurately. This document plays a significant role in the legal process, influencing decisions related to alimony, child support, and other financial aspects of family law cases.

Discover More on Family Law Financial Affidavit 12 902 B

When is the Family Law Financial Affidavit (Short Form) Form 12.902(b) required?

The Family Law Financial Affidavit (Short Form) Form 12.902(b) is primarily needed in family law cases where a financial affidavit is required and the individual's gross annual income is under $50,000. Situations where this form wouldn’t be necessary include filing for a simplified dissolution of marriage with a waiver for the financial affidavit, cases with no minor children or support issues and a written settlement in place, or when the court does not have jurisdiction over financial matters.

How should I fill out and file the Form 12.902(b)?

This document should be typed or written in black ink. After filling out the form accurately, you must sign it in front of a notary public or a deputy clerk. The original form should be filed with the clerk of the circuit court in the county where the petition was filed, and it’s advisable to keep a copy for your records. It is also essential to serve a copy to the other party in your case within 45 days of being served with the petition if it hasn’t been served with the initial papers.

How do I calculate my monthly income and expenses for the affidavit?

To accurately represent your financial situation, all income and expenses must be converted to monthly amounts. If your income or bills do not follow a monthly schedule, conversions can be made using provided formulas based on whether you are paid hourly, daily, weekly, bi-weekly, or semi-monthly. It is crucial to ensure accuracy in these calculations, as they significantly affect the proceedings of your case.

What types of income need to be included in the affidavit?

When completing the affidavit, it's important to include all forms of monthly gross income. This encompasses salary, bonuses, commissions, business income, disability benefits, unemployment compensation, pension or retirement payments, Social Security benefits, alimony received, interest, dividends, rental income, income from royalties, trusts, or estates, and any other income of a recurring nature. Detailed and truthful reporting of income is vital for a fair resolution of your case.

Can I omit my address on the form for safety reasons?

Yes, if you are a victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, you have the right to keep your address confidential. Instead of providing your address information on the form, you should file the Request for Confidential Filing of Address, Supreme Court Approved Family Law Form 12.980(h), to protect your safety and privacy.

Where can I find more information or assistance for filling out this form?

Further guidance can be obtained by reading the General Information for Self-Represented Litigants provided at the beginning of the form instructions. Additionally, important terms within the instructions are defined to aid in understanding. For extensive information, consult the Florida Family Law Rules of Procedure 12.285. If a nonlawyer assists you in filling out the form, they are required to provide you with a copy of a Disclosure from Nonlawyer, according to Florida Family Law Rules of Procedure Form 12.900(a).

Common mistakes

Filling out the Family Law Financial Affidavit (Short Form) under Florida law is crucial in family law cases, but it's easy to make mistakes that can impact your case. Here are common errors to avoid:

  1. Not accurately converting your income to monthly amounts. Different pay schedules require specific calculations to ensure the monthly income is correctly reported.
  2. Forgetting to include all sources of income. Items such as bonuses, commissions, and other benefits must be reported alongside your regular salary.
  3. Omitting or inaccurately listing deductions. It's essential to include all allowable deductions like taxes, insurance payments, and retirement contributions to reflect an accurate net income.
  4. Underestimating expenses. Accurately reporting monthly expenditures is vital for a fair assessment of your financial status.
  5. Not attaching additional sheets for itemized income or expenses when necessary. Some sources of income or expenses require detailed breakdowns.
  6. Failing to update the affidavit with current information. If your financial situation changes, your affidavit should reflect these updates accurately.
  7. Inaccurately reporting support obligations, which include alimony and child support from this case or others.
  8. Overlooking the requirement to sign the form in front of a not.ary public or deputy clerk, which is mandatory for the affidavit to be considered valid.
  9. Not filing the original with the clerk of the circuit court or failing to serve a copy on the other party within the required timeframe. Failure to do so can lead to delays in your case.
  10. Completing the form in ink other than black, which is a specific requirement for this legal document.

To ensure the accuracy and completeness of your Family Law Financial Affidavit (Short Form), attention to detail is crucial. By avoiding these common mistakes, you can help your legal team represent you effectively in your family law case.

Documents used along the form

When dealing with family law matters, particularly those that are financial in nature, the Family Law Financial Affidavit (Short Form) 12.902(b) is often just the starting point. This form is crucial for illustrating your financial situation in many family law cases, such as divorce or child support adjustments. However, to accurately depict your financial landscape or to adhere to the requirements of the court or other related legal processes, you might need additional documents. Here’s a guide to some of the most commonly used forms and documents alongside the Family Law Financial Affidavit 12.902(b).

  • Marital Settlement Agreement: This document outlines the terms agreed upon by both parties in a divorce regarding asset division, debt allocation, and, if applicable, spousal support.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit is necessary in cases involving child custody, requiring information on the child's current address, past residences, and the presence of any custody claims.
  • Child Support Guidelines Worksheet: Used alongside the financial affidavit in child support cases, this form helps calculate the appropriate amount of child lete the worksheet accurately.
  • Parenting Plan: In cases involving children, a parenting plan is required to detail how parents will share and divide responsibilities for the care and upbringing of their children.
  • Notice of Social Security Number: This form, which provides social security numbers to the court, is mandatory in family law cases to assist with identification and enforcement of orders.
  • Domestic Relations Financial Affidavit: Similar to the Family Law Financial Affidavit, but typically more detailed, this document is sometimes required in cases where financial matters are particularly complex.
  • Request for Production of Documents: In the discovery phase of a case, you may need to request financial documents from the other party, such as tax returns, pay stubs, or bank statements, to complete your financial affidavit or provide evidence for your claims.
  • Income Deduction Order: If child support or alimony is awarded, this order directs an employer to withhold earnings from the payor’s salary and direct them toward the support obligation.
  • Motion for Temporary Financial Relief: If immediate financial support is needed during the pendency of a case, this motion requests temporary support for alimony or child support prior to the final order.

In family law cases, the documentation you provide plays a critical role in the outcomes concerning financial settlements, child support, and custody arrangements. While the Family Law Financial Affidavit (Short Form) 12.902(b) serves as a foundational aspect of your financial disclosure, the additional documents and forms mentioned aid in painting a comprehensive picture of your financial and familial situation. It is important to understand the purpose of each document and ensure they are accurately and fully completed for submission to the court or relevant legal authorities.

Similar forms

The Uniform Financial Statement is a document that bears a resemblance to the Family Law Financial Affidavit (Short Form) in several ways, primarily in its purpose of providing a detailed account of an individual’s financial status. Like the Family Law Financial Affidiff, this form is used in various legal contexts where revealing one's financial situation is required, often in cases involving divorce, child support, or other family law matters. It requires the disclosure of income, expenses, assets, and liabilities, offering a comprehensive view of one's financial capacity and obligations.

A Child Support Guidelines Worksheet, similar to the Family Law Financial Affidavit, is necessary in family law to outline financial responsibilities towards child rearing. This form calculates the financial contribution required from each parent, factoring in their earnings, childcare expenses, health insurance, and other relevant financial aspects. It closely parallels the financial affidavit by requiring detailed financial information to ensure the child's needs are met following parental separation or divorce.

The Disclosure from Nonlawyer document, although not directly financial in content, complements the Family Law Financial Affidavit by setting forth the conditions under which a nonlawyer has aided an individual in completing legal forms, including the financial affidavit. It ensures transparency and compliance with legal standards, preserving the integrity of the affidavit’s information.

The Loan Application Form shares similarities with the Family Law Financial Affidavit, particularly in the requirement for detailed financial data. Borrowers must disclose their income, debts, expenses, and assets, much like individuals do in the financial affidavit. This parallel ensures that lenders have a clear understanding of the borrower’s financial health, akin to how the affidavit informs the court of an individual’s financial standing in family law cases.

A Bankruptcy Petition also mirrors the Family Law Financial Affidavit in its thorough examination of one's financial situation. This document requires disclosing all assets, liabilities, income, and expenses to evaluate the petitioner's capability or inability to meet financial obligations. The exhaustive financial disclosure in both forms aids in making informed decisions regarding financial commitments and responsibilities.

The Individual Tax Return form, while primarily for tax purposes, reflects the Family Law Financial Affidavit’s function of disclosing one’s financial situation. It accounts for income, deductions, credits, and other relevant financial information, offering a yearly snapshot of an individual's financial health. This documentation is crucial in family law for assessing financial capabilities and obligations.

The Asset and Liability Declaration, often employed in divorce proceedings, is akin to the Family Law Financial Affidavit in its purpose to disclose financial assets and debts. This form aids in the equitable division of property, ensuring that all financial elements are considered. It complements the financial affidavit in providing a full picture of the financial aspects to be addressed in family law matters.

Dos and Don'ts

When handling the Family Law Financial Affidavit (Short Form) 12.902(b), one must approach the task with diligence and transparency. This document plays a crucial role in family law cases, as it provides a comprehensive look at one's financial situation. To ensure accuracy and completeness in your submission, here are essential dos and don'ts:

Things You Should Do:

  • Ensure all information is entered accurately, reflecting your current financial state.
  • Use black ink if filling out the form by hand or type out the answers for clarity.
  • Convert any non-monthly income and expenses into monthly amounts, using the provided calculation methods.
  • Include all sources of income, not just from employment, but also any benefits, pensions, or support received.
  • Sign the form in front of a notary public or deputy clerk, as this attests to the truthfulness of your information.
  • Keep a copy of the completed form for your records after submitting the original to the court.
  • Respond promptly to any requests for additional documentation or clarification.
  • Disclose any changes in your financial situation to the court if they occur after you have submitted this form.
  • Follow the deadline for serving the form on the other party to avoid delays in your case.
  • Seek assistance if you have difficulty understanding how to complete the form correctly.

Things You Shouldn't Do:

  • Don't leave any sections blank. If a section doesn't apply, enter "N/A" (not applicable) or "0" if no amount is to be reported.
  • Don't underestimate or overestimate income and expenses; provide the most accurate figures possible.
  • Don't forget to include supplemental pages if you run out of space on the form for any detailed explanations or calculations.
  • Don't ignore the requirement to convert income and expenses to monthly amounts—accuracy in this conversion is essential.
  • Don't sign the form without understanding every item you've filled in—this is a legal document, and inaccuracies can have serious implications.
  • Don't file the form without keeping a copy. It's crucial to have your records in case of disputes or questions.
  • Don't hesitate to seek clarification on any part of the form you find confusing. Misinterpretation can lead to errors.
  • Don't use pencil or non-permanent writing materials, as this can jeopardize the document's integrity.
  • Don't include information about separate financial interests not relevant to the family law case at hand.
  • Don't forget to update the court and the other party if there are significant changes to your financial situation after submitting this affidavit.

By following these guidelines, you can ensure that the Family Law Financial Affidavit accurately reflects your financial situation and meets the court's requirements, facilitating a smoother process in your family law case.

Misconceptions

There are several misconceptions about the Family Law Financial Affidavit (Short Form) 12.902(b) in Florida that can complicate the divorce or family law process for individuals. Understanding these can help clarify the purpose and use of the form.

  • It's only for divorce cases: This form is not solely used for divorce proceedings. It is required in various family law cases, including child support and alimony matters, where a financial affidavit is necessary and the individual's gross income is under $50,000 per year.

  • Everyone must file one: There are exceptions to the requirement of filing this affidavit, such as in the case of simplified dissolution of marriage where both parties have waived the filing, or where there are no minor children, support issues, and a settlement agreement is in place resolving financial matters.

  • Gross income calculation is complex: The form provides a straightforward method for converting various income schedules (hourly, daily, weekly, bi-weekly, semi-monthly) into a monthly gross income figure, making it less complicated for individuals to report their earnings accurately.

  • All financial information is kept confidential: While certain sensitive information can be withheld for privacy or safety reasons, the financial affidavit itself is a public record. Individuals who are victims of specific crimes can request the filing of their address to remain confidential.

  • Only current income is relevant: The form requires disclosure of not just current income but also any other recurring income sources, ensuring a comprehensive understanding of an individual's financial situation.

  • Legal representation is required to complete the form: While it's advisable to seek legal advice, individuals can fill out the form themselves. Nonlawyers assisting with the form must comply with specific disclosure requirements, ensuring transparency in the process.

  • Monthly expenses are not important: The form includes detailed sections for reporting monthly expenses, highlighting the importance of understanding an individual's financial obligations and living costs.

  • Only monthly paying jobs are considered: The instructions accommodate a range of payment schedules, including those not paid monthly, ensuring individuals with varied income patterns can accurately report their earnings.

  • Income must be estimated if irregular: For those with variable income, such as from self-employment, the form allows for the attachment of additional documentation to detail income and necessary expenses accurately.

  • Only net income matters: Both gross and net incomes are pertinent to the form. It precisely distinguishes between these figures, allowing for a clear picture of an individual's financial capacity before and after deductions.

Clearing up these misconceptions can assist individuals in accurately completing the Family Law Financial Affidavit (Short Form) 12.902(b), ensuring that they provide a comprehensive and truthful representation of their financial situation in family law cases.

Key takeaways

Filling out the Family Law Financial Affidavit Form 12.902(b) is a crucial step in family law cases in Florida, especially when an individual's gross income is under $50,000 annually. Here are 10 key takeaways to understand and effectively utilize this form:

  • The form is mandatory in cases requiring a financial affidavit unless specific exceptions apply, such as a simplified dissolution of marriage where both parties waive the affidavit, there are no minor children or support issues, or the court cannot decide on financial matters.
  • Accurate and honest disclosure of financial information is vital. The affidavit requires detailed monthly income and expense amounts, ensuring fair and equitable resolutions in family law matters.
  • It must be completed in black ink, either typed or printed legibly, to avoid any misunderstanding or misinterpretation of the financial data provided.
  • All legal documentation should be duly signed before a notary public or deputy clerk, confirming the authenticity and accuracy of the information provided.
  • Timely service on the other party is essential. The completed form must be served within 45 days of the petition being served, unless it was already included with the initial papers.
  • For accuracy in reporting income and expenses that are not monthly, the form provides conversion instructions for various payment schedules (hourly, daily, weekly, bi-weekly, and semi-monthly).
  • Confidentiality concerns, especially for victims of crimes such as domestic violence, allow for the omission of address details, protecting those at risk.
  • Nonlawyers assisting with the form must adhere to specific guidelines, ensuring they provide a Disclosure from Nonlawyer form and identify themselves accurately on the document.
  • Understanding and following the provided instructions for calculating monthly amounts accurately ensure the reliability of presented financial data. This is crucial for fair decision-making.
  • The affidavit performs a dual role by outlining not only income but also detailing living expenses and debts, offering a comprehensive picture of an individual’s financial situation.

Utilizing the Family Law Financial Affidavit correctly ensures that all parties involved in a family law case are on a level playing field, facilitating fair outcomes based on accurate, comprehensive financial data.

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