Fill Out a Valid Notice Florida Template
In navigating the complexities of family law cases in Florida, particularly those involving significant financial concerns, the "Family Law Financial Affidavit (Long Form) - Form 12.902(c)" emerges as a pivotal document. Required in situations where an individual's gross annual income is $50,000 or more, this form plays a critical role unless a simplified dissolution of marriage is being filed, there are no minor children and no support issues, or the court lacks jurisdiction over financial matters. It necessitates detailed disclosure of financial information, mandating that all income, deductions, and expenses be reported on a monthly basis, with clear guidelines for converting payments not made monthly. It is vital for the form to be typed or printed in black ink, signed, and then filed with the circuit court's clerk where the petition was filed, in addition to being served on the other party in accordance with specific rules. Moreover, this affidavit underscores the importance of e-filing and e-service, stipulating adherence to Florida's rules on electronic submission and service of documents, while also providing for the protection and confidentiality of addresses for victims of certain crimes. It embodies a comprehensive approach to ensuring that all financial aspects are meticulously documented and shared in family law proceedings, thereby aiding in the equitable resolution of such cases.
Document Preview Example
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORM 12.902(c)
FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)
(10/21)
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 $50,000 OR MORE per year unless:
(1)You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of financial affidavits;
(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. You should then file this document 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 General Practice and Judicial Administration 2.516.
A copy of this form must be filed with the court and served on the other party or his or her attorney. The copy you are serving to the other party must be either mailed,
Where can I look for more information?
Before proceeding, you should read “General Information for
IMPORTANT INFORMATION REGARDING
The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances.
Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
IMPORTANT INFORMATION REGARDING
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of General Practice and Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e- mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Florida Rules of General Practice and Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail
To serve and receive documents by
Special notes . . .
If you want to keep your address confidential because you have been found by a judge to be 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 for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
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 |
x |
26 |
= |
Yearly amount |
|
Yearly amount |
÷ |
12 Months per year |
= |
Monthly Amount |
follows: |
|
|
|
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 for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
IN THE CIRCUIT COURT OF THE |
JUDICIAL CIRCUIT, |
IN AND FOR |
COUNTY, FLORIDA |
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)
($50,000 or more Individual Gross Annual Income)
I, {full legal name} |
, being sworn, certify |
that the following information is true: |
|
SECTION I. INCOME
1.My age is:
2.My occupation is:
3.I am currently
[Check all that apply]
a.Unemployed
Describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive:
b.Employed by:
Address: |
|
|
City, State, Zip code: |
Telephone Number: |
|
Pay rate: $ |
( ) every week ( |
) every other week ( ) twice a month |
( ) monthly ( |
) other: |
|
If you are expecting to become unemployed or change jobs soon, describe the change you expect and why and how it will affect your income:
.
_______Check here if you currently have more than one job. List the information above for the
second job(s) on a separate sheet and attach it to this affidavit.
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
c._ Retired. Date of retirement: Employer from whom retired: Address:
City, State, Zip code: |
|
Telephone Number: |
LAST YEAR’S GROSS INCOME: |
Your Income |
Other Party’s Income (if known) |
YEAR _____ |
$ _______ |
$ _______ |
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): $________
10._______ Monthly interest and dividends
11._______ Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.)
12._______ Monthly income from royalties, trusts, or estates
13._______ Monthly reimbursed expenses and
14._______ Monthly gains derived from dealing in property (not including nonrecurring gains)
_______ Any other income of a recurring nature (identify source):
15._______________________________________________________________________________
16._______________________________________________________________________________
17.$_________ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1 through 16.)
PRESENT MONTHLY DEDUCTIONS:
All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly.
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
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
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.)
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.
HOUSEHOLD:
1.$______ Monthly mortgage or rent payments
2._______ Monthly property taxes (if not included in mortgage)
3._______ Monthly insurance on residence (if not included in mortgage)
4._______ Monthly condominium maintenance fees and homeowner’s association fees
5._______ Monthly electricity
6._______ Monthly water, garbage, and sewer
7._______ Monthly telephone
8._______ Monthly fuel oil or natural gas
9._______ Monthly repairs and maintenance
10._______ Monthly lawn care
11._______ Monthly pool maintenance
12._______ Monthly pest control
13._______ Monthly misc. household
14._______ Monthly food and home supplies
15._______ Monthly meals outside home
16._______ Monthly cable t.v.
17._______ Monthly alarm service contract
18._______ Monthly service contracts on appliances
19._______ Monthly maid service
Other:
20.__________________________________________________________________________________
21.__________________________________________________________________________________
22.__________________________________________________________________________________
23.__________________________________________________________________________________
24.__________________________________________________________________________________
25.$__________ SUBTOTAL (Add lines 1 through 24.)
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
AUTOMOBILE:
26.$______ Monthly gasoline and oil
27._______ Monthly repairs
28._______ Monthly auto tags and emission testing
29._______ Monthly insurance
30._______ Monthly payments (lease or financing)
31._______ Monthly rental/replacements
32._______ Monthly alternative transportation (bus, rail, car pool, etc.)
33._______ Monthly tolls and parking
34._______ Other: _________________________________________________
35.$_______ SUBTOTAL (Add lines 26 through 34.)
MONTHLY EXPENSES FOR CHILDREN COMMON TO BOTH PARTIES:
36.$______ Monthly nursery, babysitting, or day care
37._______ Monthly school tuition
38._______ Monthly school supplies, books, and fees
39._______ Monthly after school activities
40._______ Monthly lunch money
41._______ Monthly private lessons or tutoring
42._______ Monthly allowances
43._______ Monthly clothing and uniforms
44._______ Monthly entertainment (movies, parties, etc.)
45._______ Monthly health insurance
46._______ Monthly medical, dental, prescriptions (nonreimbursed only)
47._______ Monthly psychiatric/psychological/counselor
48._______ Monthly orthodontic
49._______ Monthly vitamins
50._______ Monthly beauty parlor/barber shop
51._______ Monthly nonprescription medication
52._______ Monthly cosmetics, toiletries, and sundries
53._______ Monthly gifts from child(ren) to others (other children, relatives, teachers, etc.)
54._______ Monthly camp or summer activities
55._______ Monthly clubs (Boy/Girl Scouts, etc.)
56._______ Monthly
57._______ Monthly miscellaneous
58.$_______ SUBTOTAL (Add lines 36 through 57.)
MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP (other than
59.$________________________________________________________________________________
60.__________________________________________________________________________________
61.__________________________________________________________________________________
62.__________________________________________________________________________________
63.$_______ SUBTOTAL (Add lines 59 through 62.)
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
MONTHLY INSURANCE:
64.$______ Health insurance (if not listed on lines 23 or 45)
65._______ Life insurance
66._______ Dental insurance.
Other:
67.________________________________________________________________________________
68.________________________________________________________________________________
69. $_______ SUBTOTAL (Add lines 66 through 68, exclude lines 64 and 65.)
OTHER MONTHLY EXPENSES NOT LISTED ABOVE:
70.$______ Monthly dry cleaning and laundry
71._______Monthly clothing
72._______ Monthly medical, dental, and prescription (unreimbursed only)
73._______ Monthly psychiatric, psychological, or counselor (unreimbursed only)
74._______ Monthly
75._______ Monthly grooming
76._______ Monthly gifts
77._______ Monthly pet expenses
78._______ Monthly club dues and membership
79._______ Monthly sports and hobbies
80._______ Monthly entertainment
81._______ Monthly periodicals/books/tapes/CDs
82._______ Monthly vacations
83._______ Monthly religious organizations
84._______ Monthly bank charges/credit card fees
85._______ Monthly education expenses
86._______ Other: (include any usual and customary expenses not otherwise mentioned in the items
listed above)________________________________________________________________
87.__________________________________________________________________________________
88.__________________________________________________________________________________
89.__________________________________________________________________________________
90. $_______ SUBTOTAL (Add lines 70 through 89.)
MONTHLY PAYMENTS TO CREDITORS: (only when payments are currently made by you on outstanding balances). List only last 4 digits of account numbers.
MONTHLY PAYMENT AND NAME OF CREDITOR(s):
91.$_________________________________________________________________________________
92.__________________________________________________________________________________
93.__________________________________________________________________________________
94.__________________________________________________________________________________
95.__________________________________________________________________________________
96.__________________________________________________________________________________
97.__________________________________________________________________________________
98.__________________________________________________________________________________
99.__________________________________________________________________________________
100._________________________________________________________________________________
101._________________________________________________________________________________
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
102._________________________________________________________________________________
103.______________________________________________________________________________
104. $_______ SUBTOTAL (Add lines 91 through 103.)
105. $_______ TOTAL MONTHLY EXPENSES:
(Add lines 25, 35, 58, 63, 69, 90, and 104 of Section II, Expenses.)
SUMMARY
106. $_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)
107. $_______ TOTAL MONTHLY EXPENSES (from line 105 above)
108. $_______ SURPLUS (If line 106 is more than line 107, subtract line 107 from line 106. This is the
amount of your surplus. Enter that amount here.)
109. ($______) (DEFICIT) (If line 107 is more than line 106, subtract line 106 from line 107. This is
the amount of your deficit. Enter that amount here.)
SECTION III. ASSETS AND LIABILITIES
A.ASSETS (This is where you list what you OWN.)
INSTRUCTIONS:
STEP 1: In column A, list a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item.
STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any item that you are requesting the judge award to you.
STEP 3: In column B, write what you believe to be the current fair market value of all items listed.
STEP 4: Use column C 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 belongs. (Typically, you will only use Column C if property was owned by one spouse before the marriage. See the “General Information for
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
A
ASSETS: DESCRIPTION OF ITEM(S)
LIST ONLY LAST FOUR DIGITS OF ACCOUNT NUMBERS. Check the line next to any asset(s) which you are requesting the judge award to you.
Cash (on hand)
Cash (in banks or credit unions)
Stocks/Bonds
Notes (money owed to you in writing)
Money owed to you (not evidenced by a note)
Real estate: (Home)
(Other)
Business interests
Automobiles
Boats
B |
C |
|
Current |
Nonmarital |
|
Fair |
(Check correct column) |
|
Market |
|
|
Value |
|
|
|
Petitioner |
Respondent |
$ |
|
|
Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (10/21)
Document Overview
| Fact Number | Fact Name | Description |
|---|---|---|
| 1 | Form Type | Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form). |
| 2 | Income Requirement | Used when an individual's gross income is $50,000 or more per year. |
| 3 | Exemptions | Not required under specific conditions such as simplified dissolution of marriage without financial affidavits, no minor children or support issues with a settlement agreement, or court lacking jurisdiction over financial issues. |
| 4 | Filing and Service | The form must be filed with the circuit court's clerk and served on the other party in accordance with Florida Rule of General Practice and Judicial Administration 2.516. |
| 5 | e-Filing and e-Service | Electronic filing is mandatory except in specific cases, and after initial service, documents must be served electronically unless otherwise exempt. |
| 6 | Instruction Sources | General information can be found in the 'General Information for Self-Represented Litigants' and Florida Family Law Rule of Procedure 12.285. |
| 7 | Additional Forms and Confidentiality | Conversion hints for income, the requirement for nonlawyer disclosure, and options for confidential address filing are provided for protection and clarity. |
Instructions on How to Fill Out Notice Florida
Filling out the Florida Family Law Financial Affidavit (Long Form) can seem daunting, but it's a crucial step for those going through certain family law cases, particularly when individual gross income is $50,000 or more annually. This affidavit provides the court with an in-depth understanding of your financial situation, which is essential for determining matters related to alimony, child support, and the division of assets and liabilities. It requires meticulous attention to detail, as accuracy is paramount. The following instructions will guide you through the process of completing this form properly and efficiently.
- Ensure the form is either typed or printed in black ink to maintain clarity.
- Start by providing your full legal name at the top of the form to identify yourself as the respondent or petitioner in the case.
- Complete the Section I. Income portion:
- Enter your age and occupation.
- Check the appropriate employment status boxes and fill in the details accordingly. If you have more than one job, include information for the second job on a separate sheet attached to the affidavit.
- For retirees, provide the date of retirement, employer name, and address.
- Under both LAST YEAR’S GROSS INCOME and PRESENT MONTHLY GROSS INCOME, input all sources of income as requested. Use the conversion instructions provided in the document to accurately convert non-monthly income and expenses to monthly amounts.
- List your monthly expenses, including federal, state, and local income taxes, FICA or self-employment taxes, and any other deductions. Specify your filing status and the number of dependents claimed.
- Upon completion, review the affidavit thoroughly to ensure all information is accurate and complete. Any inaccuracies may significantly impact the outcome of your case.
- Sign the form to certify that the information provided is true to the best of your knowledge.
- File the original document with the clerk of the circuit court in the county where your case is pending. Be sure to keep a copy for your records.
- Remember to serve a copy of this form on the other party within 45 days of being served with the petition if it was not already served with your initial papers. Make sure service is completed in accordance with Florida Rule of General Practice and Judicial Administration 2.516, and don’t forget to complete the certificate of service.
What Comes Next: After filing and serving the Family Law Financial Affidavit, your case will proceed based on the schedules set by the court. It's important to stay informed about your case's progress and adhere to any additional requests or directives from the court. The information you've provided on this form will play a critical role in the court's decisions regarding financial matters in your case. Keeping accurate records and promptly updating the court and the other party of any significant changes to your financial situation is not only required but can also affect the court’s determinations.
Listed Questions and Answers
When is the Family Law Financial Affidavit (Long Form) required in a Florida family law case?
This Financial Affidavit should be used by individuals involved in a family law matter in Florida requiring a financial affidavit, whose gross income is $50,000 or more per year. It is necessary except in cases of simplified dissolution of marriage where both parties waive the requirement, when there are no minor children or support issues and all financial matters are settled by agreement, or when the court cannot decide on financial matters. The form must be filled out in black ink or typed, signed, and then filed with the clerk of the circuit court in the county of the original petition, with a copy retained for personal records.
How should this form be served and what are the deadlines?
A copy of this form must be served on the opposing party within 45 days of the petitioner being served with the petition, unless it has already been included with the initial paperwork. The service of this document must comply with Florida Rule of General Practice and Judicial Administration 2.516. This can be through mail (postmarked on the date as indicated in the certificate of service), email, or hand-delivered to the other party or their attorney. It is vital to ensure that the document is served as per the requirements to uphold the legal obligations and maintain the integrity of the case’s proceedings.
Where can additional guidance be sought?
Before moving forward, one should consult the "General Information for Self-Represented Litigants" available at the beginning of the form documents. Additionally, the Florida Family Law Rule of Procedure 12.285 provides further guidance on these procedures. Resources like www.flcourts.org can offer access to these rules and more detailed information that might be needed, including definitions for terms highlighted in the instructions.
What should one know about e-filing and e-service?
The Florida Rules of General Practice and Judicial Administration currently mandate that most documents in legal proceedings be filed electronically unless certain exceptions apply. Self-represented litigants have the option to file electronically but must follow the specific guidelines set by Florida Rule of General Practice and Judicial Administration 2.525 and the respective judicial circuit’s procedures. Regarding e-service, after the initial paperwork is served traditionally, all subsequent documents must be served by e-mail unless an exception applies, adhering to the specific format requirements outlined in the rules.
What precautions should be taken if one wishes to keep their address confidential?
For individuals concerned about safety and wishing to keep their address confidential due to being a victim of crimes such as sexual battery or domestic violence, it is crucial not to list personal address or contact information on the form. Instead, one should file a Request for Confidential Filing of Address, using Form 12.980(h), to protect their privacy and ensure their safety while complying with court requirements.
Common mistakes
Filling out your family law financial affidavit correctly is very important in any family law case you might be involved in, particularly when your gross income is $50,000 or more per year. However, it's easy to make mistakes when you're not familiar with the process. Here are seven common mistakes you should avoid:
Not correctly calculating monthly income and expenses: If you're paid or billed on a schedule that isn't monthly, you must convert these amounts to monthly figures. This includes adjusting for different pay cycles like bi-weekly or semi-monthly, and correctly converting expenses that may not occur monthly.
Failure to provide complete employment details: Whether you are employed, unemployed, or retired, it's critical to give detailed information about your employment status. This includes efforts to find employment if unemployed, or information about your retirement if retired.
Omitting sources of income: All possible sources of income must be disclosed. This includes, but is not limited to, salary, bonuses, business income, disability benefits, unemployment compensation, and any other income of a recurring nature.
Leaving sections blank: If a section doesn't apply to you, it's better to write "N/A" than to leave it blank. Leaving sections blank can lead to misunderstandings about whether you overlooked a section or it truly doesn't apply to your situation.
Incorrectly listing your dependents: When declaring dependents for tax purposes, ensure that you correctly list the number according to your filing status. This affects your monthly deductions and must be accurately reported.
Not attaching required additional sheets: For some sections, you may need to provide more detail than the form allows. When you need to report detailed income from self-employment, alimony received from other cases, or any other income source, make sure to attach additional sheets itemizing these amounts.
Failing to sign the document: Your signature is required to confirm the accuracy and truthfulness of the information provided. Make sure to sign the document before filing it with the clerk of the circuit court.
Take your time to review all information carefully and ensure everything is complete and accurate. This will help smooth the process of your family law case and avoid unnecessary delays or questions about your financial situation.
Documents used along the form
When navigating through a family law case in Florida, especially those involving financial discussions, there are numerous forms and documents that can play a crucial role alongside the Family Law Financial Affidavit (Long Form). Understanding each of these documents can provide clarity and ensure that all aspects of the case are thoroughly and accurately presented.
- Florida Family Law Rules of Procedure Form 12.902(b) - This is the short form version of the financial affidavit for individuals with an annual gross income of less than $50,000. Like the long form, it gathers financial details but is less comprehensive due to the lower income threshold.
- Florida Family Law Rules of Procedure Form 12.930(c) - This form is a Notice of Action for Family Cases with Minor Children. It is used to provide legal notice to the other party when the case involves minors.
- Florida Supreme Court Approved Family Law Form 12.905(a) - Petition for Simplified Dissolution of Marriage. Couples seeking a simplified divorce process with no disputes can use this form if they meet certain criteria, emphasizing mutual agreement on the division of assets and debts.
- Florida Family Law Rules of Procedure Form 12.284 - This is the Mandatory Disclosure form, which requires both parties to disclose financial information in family law cases, supporting the information provided in the financial affidavit.
- Florida Supreme Court Approved Family Law Form 12.915 - Designation of Current Mailing and E-mail Address. When parties choose to serve and receive documents electronically, this form records their contact information, ensuring all communications are properly directed.
- Florida Supreme Court Approved Family Law Form 12.914 - Certificate of Service (General). This certificate accompanies filed documents to certify that copies have been served on other parties in accordance with Florida law.
- Florida Supreme Court Approved Family Law Form 12.900(a) - Disclosure from Nonlawyer. If a nonlawyer assists in completing these forms, this document outlines the nonlawyer’s role and ensures the person receiving help is informed about the nonlawyer's limitations.
- Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h) - This form assists individuals at risk of harm by keeping their address confidential in the court records.
- Florida Family Law Rules of Procedure Form 12.947(c) - Motion for Temporary Order with Dependent or Minor Children. This form can be filed by parents seeking temporary custody, support, or visitation orders while their case is ongoing.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d) - Required in all cases involving custody or visitation, this affidavit provides the court with information regarding the child’s residency and any previous custody proceedings.
Recognizing and appropriately utilizing these forms can significantly impact the management and outcome of family law cases. Each form serves a specific purpose, addressing various elements of the legal process. Whether you are submitting financial information, seeking a simplified dissolution, or dealing with custody matters, ensuring you have the right documents is a vital step toward achieving your objectives in any family law proceeding.
Similar forms
The Notice Florida form is similar to other forms used in legal and family law proceedings that require detailed financial disclosure. Specifically, its structure and purpose bear resemblance to the Family Law Financial Affidavit (Short Form) and the Uniform Financial Affidavit. Each of these documents is designed to present an individual's financial situation comprehensively, but they cater to different circumstances and income thresholds.
The Family Law Financial Affidavit (Short Form) is utilized when an individual's gross income is below a specified threshold, currently set at $50,000 per year in Florida. Like the Long Form, it requires individuals to disclose details about their income, expenses, assets, and liabilities. However, the Short Form is designed to be simpler and less detailed, reflecting the expected lesser complexity of the financial situations of individuals earning under the specified amount. It serves the same purpose of ensuring financial transparency in family law cases but is tailored for those with lower income levels.
On the other hand, the Uniform Financial Affidavit is used in many jurisdictions across the United States and also aims to provide a complete financial snapshot of individuals involved in family law disputes. This form shares many sections with the Florida Family Law Financial Affidavit (Long Form), including income, expenses, assets, and liabilities. However, the Uniform Financial Affidavit is designed to be adaptable for use outside Florida, containing certain elements that may be specific to the requirements of other states. Despite these differences, the core objective remains the same: to ensure that all parties have a clear understanding of each other's financial circumstances in order to facilitate fair resolution of financial disputes in family law cases.
Dos and Don'ts
When completing the Notice Florida form, specifically the Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form), there are several key dos and don'ts to keep in mind to ensure the process is completed accurately and effectively:
- Do ensure that your individual gross income is accurately reported if it is $50,000 or more per year. This form is specifically required for financial situations within this income range.
- Do complete the form using black ink if filling it out manually. This enhances legibility and decreases the chance of errors being made during processing.
- Do convert all income and expense figures to monthly amounts, as the affidavit requires monthly reporting. This includes converting hourly, weekly, bi-weekly, and semi-monthly incomes to a monthly figure based on the conversion hints provided in the instructions.
- Do serve a copy of this form on the other party or their attorney within 45 days of being served with the petition, unless it was served with the initial papers. Make sure to follow the correct service procedures as outlined in Florida Rule of General Practice and Judicial Administration 2.516.
- Do not forget to file this document electronically if you opt to do so, adhering to the procedures of the Florida Rule of General Practice and Judicial Administration 2.525, and the specific procedures of the judicial circuit where you file.
- Do not overlook the requirement to carefully read and understand the rules regarding e-service if you elect to participate, ensuring all documents required or permitted to be served on the other party are done in accordance with Florida Rule of General Practice and Judicial Administration 2.516.
Accuracy and adherence to the specified filing and service procedures are crucial when dealing with legal documents, such as the Family Law Financial Affidavit. Following these guidelines will help in avoiding delays in your case and ensure compliance with the Florida Family Law Rules of Procedure.
Misconceptions
Understanding the intricacies of legal documents, especially within family law, can often be complex and ripe with misconceptions. The Florida Family Law Rules of Procedure Form 12.902(c), known as the Family Law Financial Affidavit (Long Form), is a crucial document for individuals going through certain family law procedures. However, there are common misunderstandings surrounding its use, requirements, and implications. Let’s dispel some of these misconceptions:
Only required if you're going through a divorce: While divorces are a common scenario where the Family Law Financial Affidavit (Long Form) is required, it's also necessary in other family law cases such as child support, alimony, and any case where financial matters are in question, not just dissolution of marriage.
All financial information is disclosed at trial: The affidavit is a pre-trial document meant to disclose your financial situation to the other party and the court beforehand, not during a trial. Its main purpose is to ensure transparency and aid in the equitable resolution of financial matters.
Filing electronically is optional for everyone: While the form mentions that self-represented litigants may file their pleadings or documents electronically, it also states that electronic filing (e-filing) is now required under the Florida Rules of General Practice and Judicial Administration, except in certain circumstances. The key is understanding when e-filing may be opted out of, which is not the norm but the exception.
Email service is mandatory from the beginning: The document clarifies that after the initial service of process, email service for subsequent documents is mandated according to Florida Rule of General Practice and Judicial Administration 2.516. This means physical service is required initially, and email can be used only after fulfilling specific requirements.
Income conversion to monthly amounts is unnecessary: A significant part of the affidavit demands that any non-monthly income or expenses be converted into monthly figures. This requirement ensures that financial information is standardized across the document, making it easier to assess and compare. The form even provides examples of how to convert different types of income to a monthly basis.
Serving the affidavit can be delayed indefinitely: The form specifies a strict timeline for serving the affidavit on the other party—within 45 days of being served with the petition for cases where the affidavit is not served with the initial paperwork. This timeline underscores the importance of timely disclosure of financial information in family law cases.
Misunderstandings about legal documents can lead to procedural errors that may impact the outcome of a case. It is always advisable to read through the instructions carefully and seek clarification when needed, to ensure compliance with legal requirements and judicial procedures.
Key takeaways
Filling out and using the Family Law Financial Affidavit (Long Form) in Florida is an essential part of family law cases for individuals with a gross income of $50,000 or more per year. Here are key takeaways to guide you through this process:
- Use this form if your individual gross income is over $50,000 unless certain conditions apply, such as filing for a simplified dissolution of marriage with waived financial affidavits, there are no minor children or support issues with all financial matters settled, or the court cannot rule on financial matters.
- Ensure the form is either typed or filled out in black ink to maintain clarity and legibility.
- After completing the form, you must sign it, file it with the clerk of the circuit court where your petition was filed, and keep a copy for your records.
- This affidavit must be served on the opposing party within 45 days after the petition has been served, if not included with the initial papers. Serving can be by mail, email, or hand delivery following Florida Rule of General Practice and Judicial Administration 2.516.
- For more detailed instructions and definitions of specific terms, refer to the “General Information for Self-Represented Litigants” and Florida Family Law Rule of Procedure 12.285.
- All petitions, pleadings, and documents must be filed electronically, except under certain circumstances, in compliance with the Florida Rules of General Practice and Judicial Administration 2.525.
- If electing to serve documents via email, you must strictly adhere to the format requirements outlined in Florida Rule of General Practice and Judicial Administration 2.516 and designate your email address on the required forms.
- Keep your address confidential if you are a victim of certain crimes by not including address, telephone, or fax information at the bottom of the form, and instead file a Request for Confidential Filing of Address.
- Convert all income and expense figures to monthly amounts using the conversion hints provided in the instructions if you are not paid monthly.
- If assisted by a nonlawyer in filling out the forms, ensure they provide you with the Disclosure from Nonlawyer form and include their contact information on every form they help with.
Understanding these key points will help ensure the process goes smoothly and that you comply with all legal requirements and regulations.
Popular PDF Documents
What Is Form 1065 Used for - This form outlines the procedure for distributing the income adjustment among partners, impacting their respective Florida income tax returns.
How to Get Power of Attorney in Florida - Appointing a reliable and trustworthy agent through the Florida Vehicle POA Form 82053 is crucial, as this person will have significant control over your vehicle management and related legal matters.