Fill Out a Valid Florida Financial Affidavit Short 12.902(b) Template
Navigating through legal documentation can often seem daunting, especially when dealing with financial disclosures during legal proceedings. Among these, the Florida Financial Affidavit Short Form 12.902(b) plays a crucial role for residents of Florida going through certain legal circumstances, such as divorce or child support cases. This form requires individuals to disclose their financial situation in a comprehensive manner, yet it is designed for those with a gross annual income of $50,000 or less. Its purpose is multifold: to ensure fair determination of alimony, child support payments, and the equitable distribution of marital assets and debts. What sets this form apart is its accessibility and straightforwardness, encouraging honesty and transparency without the need for extensive legal or financial knowledge. Filling out this form accurately is essential, as it can significantly impact the legal outcomes pertaining to one’s financial obligations and rights. Therefore, understanding every aspect of the Florida Financial Affidavit Short Form 12.902(b) is the first step towards navigating one’s legal financial responsibilities with confidence.
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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 proceeding, you should read “General Information for
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 |
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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 |
x |
26 |
= |
Yearly amount |
|
Yearly amount |
÷ |
12 Months per year |
= |
Monthly Amount |
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 |
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JUDICIAL CIRCUIT, |
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IN AND FOR |
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COUNTY, FLORIDA |
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Case No.: ______________________ |
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Division: _______________________ |
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Petitioner, |
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and |
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Respondent. |
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FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)
(Under $50,000 Individual Gross Annual Income)
I, {full legal name} |
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, being sworn, certify that the following |
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information is true: |
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My Occupation: |
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Employed by: ___________________________ |
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Business Address: ________________________________________________________________ |
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Pay rate: $ |
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( ) every week ( |
) every other week ( ) twice a month ( ) monthly |
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( ) other: ____________ |
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___ 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 anything that is NOT paid monthly. Attach more paper, if needed. Items included under “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
4._______Monthly disability benefits/SSI
5._______Monthly Workers’ Compensation
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
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
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
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
25._______Monthly
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 below do not reflect what you actually pay currently, you should write “estimate” next to each amount that is estimated.
A. HOUSEHOLD: |
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Mortgage or rent |
$ _______ |
Property taxes |
$_______ |
Utilities |
$_______ |
Telephone |
$ _______ |
Food |
$ _______ |
Meals outside home |
$_______ |
Maintenance/Repairs |
$ _______ |
Other: __________ |
$_______ |
B. AUTOMOBILE |
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Gasoline |
$ _______ |
Repairs |
$_______ |
Insurance |
$_______ |
C.CHILD(REN)’S EXPENSES
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) |
$ _______ |
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Child(ren)’s medical/dental |
$ _______ |
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Life |
$ _______ |
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Other: |
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$ _______ |
E. OTHER EXPENSES NOT LISTED ABOVE
Clothing |
$ _______ |
Medical/Dental (uninsured) |
$_______ |
Grooming |
$ _______ |
Entertainment |
$_______ |
Gifts |
$_______ |
Religious organizations |
$_______ |
Miscellaneous |
$_______ |
Other: ______________ |
$ _______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
F. PAYMENTS TO CREDITORS |
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CREDITOR: |
MONTHLY |
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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 “nonmarital,” meaning it belongs to only one of you and should not be 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 “General Information for
A. ASSETS:
DESCRIPTION OF ITEM(S). List a description of each separate item |
Current |
Nonmarital |
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owned by you (and/or your spouse, if this is a petition for dissolution |
(check correct |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
Fair |
column) |
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the line next to any asset(s) which you are requesting the judge |
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award to you. |
Value |
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husband |
wife |
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Cash (on hand) |
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Cash (in banks or credit unions) |
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Stocks, Bonds, Notes |
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Real estate: (Home) |
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(Other) |
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Automobiles |
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Other personal property |
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Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) |
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Other |
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____Check here if additional pages are attached. |
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Total Assets (add next column) |
$ |
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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 |
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(check correct |
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owed by you (and/or your spouse, if this is a petition for dissolution |
Amount |
column) |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
Owed |
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the line next to any debt(s) for which you believe you should be |
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responsible. |
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husband |
wife |
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Mortgages on real estate: First mortgage on home |
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Second mortgage on home |
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Other mortgages |
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Auto loans |
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Charge/credit card accounts |
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Other |
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____Check here if additional pages are attached. |
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Total Debts (add next column) |
$ |
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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.
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Contingent Assets |
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Nonmarital |
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(check correct |
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Check the line next to any contingent asset(s) which you are requesting the |
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column) |
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judge award to you. |
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husband |
wife |
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$ |
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Total Contingent Assets |
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Contingent Liabilities |
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Nonmarital |
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Possible |
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Check the line next to any contingent debt(s) for which you believe you |
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column) |
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should be responsible. |
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Owed |
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husband |
wife |
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$ |
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Total Contingent Liabilities |
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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]: ( )
( ) hand delivered to the person(s) listed below on {date} ________________________________.
Other party or his/her attorney:
Name: _____________________________
Address: ____________________________
City, State, Zip: _______________________
Fax Number: _________________________
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: ________________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on |
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by |
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________________________________ |
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NOTARY PUBLIC or DEPUTY CLERK |
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________________________________ |
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[Print, type, or stamp commissioned |
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name of notary or deputy clerk.] |
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____ Personally known |
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____ Produced identification |
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Type of identification produced |
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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 |
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This form was completed with the assistance of: |
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{name of individual} |
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{name of business} ___________________________________________________________________, |
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{address} |
________________________________, |
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{city} |
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Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)
Document Overview
| Fact Name | Description |
|---|---|
| Form Purpose | The Florida Financial Affidavit Short Form 12.902(b) is designed for individuals involved in family law cases with an annual gross income of $50,000 or less. It serves to provide a comprehensive picture of one's financial status, including income, expenses, assets, and liabilities. |
| Governing Law | This form is governed by Florida family law statutes. Specifically, it falls under the purview of the Florida Family Law Rules of Procedure, which dictate the processes and documentation required in family law proceedings within the state. |
| Usage Requirement | The usage of Form 12.902(b) is mandatory in relevant cases, as dictated by the court. Its completion is essential for ensuring equitable decisions regarding child support, alimony, division of marital assets, and other financial matters in divorce and family law cases. |
| Filing Instructions | Once completed, the affidavit must be filed with the clerk of the circuit court handling the family law case. It is vital for the individual to keep a copy for their records and to provide a copy to the opposing party, as it ensures transparency and fairness in financial dealings and decisions. |
Instructions on How to Fill Out Florida Financial Affidavit Short 12.902(b)
Filling out the Florida Financial Affidavit Short Form 12.902(b) is a crucial step in various legal proceedings, such as divorce or child support cases. This document provides the court with a snapshot of your financial situation. It requires accurate and complete information about your income, expenses, assets, and liabilities. Here is a step-by-step guide to help you complete the form correctly.
- Start by gathering all relevant financial documents, such as pay stubs, bank statements, and bills. This will help ensure the information you provide is accurate and up-to-date.
- Enter your personal information at the top of the form, including your full name, address, and the case number if available.
- Section I – Monthly Income: List your gross income from all sources, including employment, business income, disability benefits, and any other income. Use your recent pay stubs and financial statements as a reference to fill in this section accurately.
- Section II – Average Monthly Expenses: Itemize your monthly expenses such as rent or mortgage, utilities, groceries, insurance premiums, and any other regular payments. Ensure to estimate these expenses as accurately as possible.
- Section III – Assets and Liabilities: Disclose all assets, including bank accounts, real property, vehicles, and personal property, along with their current values. Following this, list all liabilities such as loans, credit card debts, and other obligations, including the amount owed and monthly payment.
- Section IV – Other Information: Provide any additional information required by the form, which may include details about dependents, tax deductions, or special financial circumstances. This section allows you to clarify any unique aspects of your financial situation.
- Review the Affidavit for accuracy and completeness. Make sure all the financial information provided reflects your current situation vividly.
- Sign and date the form in the presence of a Notary Public or as directed by court requirements. Your signature certifies that the information provided is true and accurate to the best of your knowledge.
- File the completed form with the court clerk and serve a copy to the other party involved in the case, following the legal procedures for your specific situation.
Once submitted, the Florida Financial Affidavit Short Form 12.902(b) becomes a part of the court record in your case, serving as a key document in financial discussions. It is essential to approach this task with honesty and diligence, ensuring all information is precise to facilitate a fair evaluation of the financial matters at hand.
Listed Questions and Answers
What is the Florida Financial Affididavit Short Form 12.902(b)?
The Florida Financial Affidavit Short Form 12.902(b) is a legal document used in family law cases in Florida. It requires individuals involved in divorce, child support, and other family law matters to disclose their financial status accurately. This includes income, expenses, assets, and liabilities. It is applicable to individuals with a gross annual income of $50,000 or less.
When do I need to file the Florida Financial Affidavit Short Form 12.902(b)?
This form must be filed in any family law case where financial relief is sought, such as divorce, child support, and alimony cases. It is a mandatory document that must be exchanged between the parties and filed with the court early in the case, typically at the time of filing your initial paperwork or shortly thereafter.
Is there a filing fee for the Florida Financial Affidavit Short Form 12.902(b)?
No, there is no specific filing fee for the submission of the Florida Financial Affidavit Short Form 12.902(b). However, there may be general court filing fees associated with the underlying legal action in which the affidavit is being filed.
What information do I need to provide in the form?
You'll need to provide detailed information about your monthly income from all sources, your monthly expenses, your assets (including bank accounts, properties, and vehicles), and any liabilities or debts you owe. Accuracy is crucial as this document is sworn testimony to your financial situation.
What if my financial situation changes after I file the form?
If there are significant changes to your financial situation after you file the Form 12.902(b), you should file an amended affidavit with the court. This ensures that all information used in your case reflects your current financial status.
How does the court use the information in the Florida Financial Affidavit Short Form 12.902(b)?
The court uses the information provided to make informed decisions regarding alimony, child support, division of assets and liabilities, and any other financial matters pertinent to your case. It is a critical document that influences the financial outcomes of the case.
Can I face penalties for providing false information in the form?
Yes, since the Florida Financial Affidavit Short Form 12.902(b) is a sworn statement, providing false information can lead to serious consequences, including perjury charges. It is imperative to provide truthful and accurate information to the best of your knowledge and ability.
Where can I find help completing the Florida Financial Affidavit Short Form 12.902(b)?
If you need help completing the form, it is advisable to seek guidance from a legal professional who is experienced in family law. Legal aid services and family court self-help centers may also provide assistance and resources to help you accurately complete the form.
Common mistakes
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Not Verifying Financial Information: One of the significant mistakes made is not verifying all the financial information before submission. It's crucial to ensure that all figures regarding income, expenses, assets, and liabilities are accurate and up to date.
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Omitting Sources of Income: Often, individuals forget or intentionally omit various sources of income, including bonuses, dividends, or part-time jobs. Transparency is key, as all income sources must be disclosed.
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Miscalculating Monthly Expenses: Incorrectly calculating monthly expenses can lead to a misunderstanding of one’s financial situation. Ensure that all regular monthly expenses are accounted for accurately.
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Overlooking Assets or Liabilities: It's not uncommon for individuals to forget to list an asset or a liability. This could include everything from property and vehicles to loans and credit card debts.
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Not Updating the Document: Financial situations can change rapidly. A common pitfall is failing to update the affidavit to reflect recent financial changes, like a new job or an inheritance.
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Using Approximations Instead of Exact Figures: While it might seem easier to estimate financial information, using approximations instead of exact figures can be a mistake. Precision is critical in legal documents.
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Failing to Sign the Document: Surprisingly, some people forget to sign the document before submission. A signature is essential, as it certifies the accuracy of the information provided.
Approaching the Florida Financial Affidavit Short Form 12.902(b) with careful attention to detail and thoroughness can prevent these common mistakes. It's advisable to review all entries carefully and ensure the document is complete and accurate before submitting it. Seeking guidance from a professional can also help to avoid errors and ensure the form meets all legal requirements.
Documents used along the form
When individuals are navigating through legal matters in Florida, especially those related to family law such as divorce or child support, they might be required to fill out the Florida Financial Affidavit Short Form 12.902(b). This document is crucial as it provides a comprehensive overview of an individual's financial situation, including income, expenses, assets, and liabilities. However, to provide a full financial picture and comply with legal requirements, there are often other forms and documents that are used along with the Florida Financial Affidavit Short Form 12.902(b).
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This form is essential in any legal case involving child custody across state lines. It requires detailed information about the child's residency and any prior custody proceedings, ensuring that jurisdiction is correctly established in accordance with federal guidelines.
- Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren): Often used in divorce proceedings, this document outlines the agreements between parties regarding division of assets, debts, alimony, child support, and the parenting plan. It complements the financial affidavit by providing a binding agreement on how financial matters and child-related matters are resolved.
- Notice of Social Security Number: In family law cases, this form is mandated by the court to accurately identify parties and assist in the enforcement of financial orders, such as child support. It requires the disclosure of social security numbers of the parties involved and, in some cases, the children.
- Parenting Plan: This document is critical in cases involving children. It outlines how parents will share and divide responsibilities for the care and upbringing of their child(ren), including time-sharing schedules. It addresses the practical arrangements needed to ensure the children's welfare and is often required alongside the financial affidavit to ensure the financial aspects align with the caregiving responsibilities.
Together, these documents provide a more complete framework for the court to assess the financial implications of decisions in family law cases. They ensure that all relevant financial information is considered and that any agreements made are in the best interests of the parties involved, especially children. By carefully preparing and submitting these forms alongside the Florida Financial Affidavit Short Form 12.902(b), individuals can contribute to a smoother, more efficient legal process.
Similar forms
The Florida Financial Affidavit Short 12.902(b) form is similar to other documents used in various legal contexts, primarily due to its purpose of disclosing an individual's financial situation comprehensively. This form is particularly relevant in family law matters, such as divorce or child support cases, where a clear understanding of a party's financial status is crucial. The requirement to provide an accurate and honest account of one's financial resources, liabilities, income, and expenses is a common theme across several legal documents.
Form 12.902(c), Florida Financial Affidavit Long Form serves a similar purpose to the short form but is designed for use in cases where the individual’s annual gross income exceeds $50,000. This comparison demonstrates the scalability of financial disclosure requirements based on income levels. Both forms require detailed financial information, including monthly income, asset values, liabilities, and living expenses. However, the long form demands more exhaustive disclosure, such as specifying business interests, extraordinary expenses, and patterns of spending or saving, reflecting its applicability to more complex financial situations.
Uniform Financial Affidavit is another document that mirrors the intentions behind the Florida Financial Affidavit Short Form. While the Florida-specific form is tailored to meet the state’s legal requirements and contexts, the Uniform Financial Affidavit aims for broader applicability across multiple jurisdictions. This document facilitates a standardized process for collecting financial data in family law cases, making it easier for courts and parties to compare financial situations across state lines. The uniform affidavit covers income sources, asset values, expenses, and debts, outlining a comparable structure to ensure comprehensive financial disclosure.
Form E (Financial Statement for a Financial Order) utilized in the United Kingdom, resembles the Florida Financial Affidavit Short Form in its intent to collect detailed financial information from parties involved in family law disputes. This form is comprehensive, requiring disclosures about property, pensions, other assets, and liabilities. It also asks about income and living expenses, similar to the Florida affidavit. The key similarity lies in their objective to equip the court with a full picture of the financial circumstances surrounding a case, which is critical to making fair decisions regarding asset division, alimony, and child support.
Dos and Don'ts
In navigating the complexities of the legal process, completing the Florida Financial Affidarvit Short Form 12.902(b) is a critical step for individuals undergoing financial scrutiny in family court matters such as divorce or child support cases. Approaching this document with both accuracy and attention to detail can significantly impact the outcome of your case. Here are some valuable dos and don'ts to consider:
Do:- Gather all your financial documents before beginning. This preparation will ensure accuracy and save time.
- Report all income, including wages, bonuses, and any informal income streams. Transparency is key in legal proceedings.
- List all assets and liabilities. Omitting information can lead to complications or even allegations of fraud.
- Review the affidavit several times before filing. Errors or omissions can negatively impact your case.
- Consult with a legal professional if you have doubts or questions. Professional guidance can offer peace of mind.
- Estimate expenses or income; use actual figures for accuracy. Assumptions can lead to misrepresentations.
- Omit occasional or seasonal income. All sources of income must be disclosed to ensure a fair assessment. Forget to update your affidavit if your financial situation changes before your case concludes. Dynamism in financial situations is recognized and should be communicated.
- Falsify information intentionally. This action can have severe legal consequences and undermine your credibility.
- Overlook the importance of double-checking every entry. Mistakes, even unintentional, can complicate legal processes.
Misconceptions
When navigating through family law matters in Florida, such as divorce or child support, one familiar form many encounter is the Florida Financial Affidavit Short Form 12.902(b). Despite its widespread use, several misconceptions surround its purpose, requirements, and impact. Clarifying these misconceptions can help individuals better prepare their cases and set realistic expectations. Below are five common errors in understanding this key legal document.
- Only necessary for high-income individuals: A common mistake is the belief that the Financial Affidavit Short Form is solely for those with substantial incomes. In reality, this document is designed for individuals with a gross annual income of $50,000 or less. It's a vital form that offers a detailed picture of one’s financial status, regardless of income level, and is a required document for all parties in a family law case to ensure equitable financial decisions.
- Limited to income disclosure: Another misconception is that the form is exclusively used to report one's income. While income is a significant component, the affidavit also requires detailed disclosures of assets, liabilities, monthly expenses, and other financial obligations. This comprehensive financial snapshot is crucial for the court to make informed decisions regarding alimony, child support, and the division of assets.
- It's optional in divorce proceedings: Some may mistakenly believe that completing this affidavit is optional in divorce proceedings. However, the Florida Financial Affidavit is a mandatory document for individuals undergoing divorce, custody, and other family law cases in Florida. Submitting this affidavit is necessary for ensuring a fair assessment of financial matters central to the case.
- Accuracy is not crucial: Underestimating the importance of accuracy in this document is a critical error. Every piece of information on the form must be accurate and verifiable. Inaccuracies, whether intentional or accidental, can lead to serious legal repercussions, including penalties and the court questioning one's credibility. Plus, accurate information is essential for fair legal resolutions.
- Once submitted, it cannot be amended: Some believe that once the Florida Financial Affidavit Short Form 12.902(b) is submitted, it is set in stone. This is not the case. If an individual’s financial situation changes or if errors are discovered post-submission, it is possible—and often necessary—to amend the affidavit. Such amendments should be done promptly and in accordance with court requirements to ensure the document reflects the most accurate and current financial situation.
Understanding these key facts about the Florida Financial Affidiffavit Short Form 12.902(b) can significantly affect the outcomes of family law matters. It emphasizes the document's role in ensuring a fair and equitable process for all parties involved. By approaching this affidavit with caution and thoroughness, individuals can navigate their legal proceedings more effectively.
Key takeaways
The Florida Financial Affidavit Short Form 12.902(b) is a crucial document for individuals undergoing certain legal proceedings in Florida, such as divorce or child support cases. Here are key takeaways for completing and using this form effectively:
- The form is intended for individuals with a gross annual income of $50,000 or less. If your income exceeds this amount, you should use the Long Form 12.902(c).
- Accuracy is paramount when filling out the form. You should include all sources of income, including wages, bonuses, commissions, allowances, overtime, tips, and income from other sources like investments or rental properties.
- It is not just about income; the form also requires detailed information about monthly expenses, assets, and liabilities. This includes your monthly bills, such as mortgage or rent, utility bills, food, and transportation expenses, as well as debts and other financial obligations.
- Supporting documents may need to accompany the affidavit. These can include pay stubs, tax returns, bank statements, and other financial documents that substantiate the figures you provide on the form.
- The information provided on the Florida Financial Affordavit Short Form 12.902(b) can significantly impact legal outcomes, such as alimony, child support, and the division of assets. Therefore, it's imperative to be thorough and honest in your disclosures.
Completing the Florida Financial Affidavit Short Form 12.902(b) requires careful attention to detail and a clear understanding of one's financial situation. It serves as a key piece of evidence in legal procedures, and inaccuracies or omissions could lead to legal repercussions or unfavorable decisions in your case.
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