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The Florida Financial Affidavit Short 12.902(b) form plays a crucial role in family law cases, particularly during divorce or child support proceedings. This form is designed to provide a clear snapshot of an individual's financial situation. It includes essential details such as income, expenses, assets, and liabilities. By completing this affidavit, individuals can present a concise overview of their finances to the court, ensuring that decisions regarding support and asset division are fair and informed. The form is streamlined for efficiency, making it easier for those involved to disclose their financial information without unnecessary complexity. It is important to fill out this form accurately, as it serves as a key document in legal proceedings that can significantly impact both parties’ financial futures. Understanding its components can help individuals navigate the often challenging landscape of family law with greater confidence.

Document Example

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 Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underlinein 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 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 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._______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 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 1–16)

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 below do not reflect what you actually pay currently, you should write “estimate” next to each amount 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)’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)

$ _______

Child(ren)’s medical/dental

$ _______

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 “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 Self-Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)

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

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

Fair

column)

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

Market

 

 

award to you.

Value

 

 

 

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)

Frequently Asked Questions

  1. What is the Florida Financial Affidavit Short 12.902(b) form?

    The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases, particularly in divorce and child support proceedings. This form helps individuals disclose their financial information to the court. It is designed to provide a clear picture of one’s income, expenses, assets, and liabilities, allowing the court to make informed decisions regarding financial matters.

  2. Who needs to complete the 12.902(b) form?

    Typically, the 12.902(b) form is required for individuals who are involved in family law cases where financial disclosures are necessary. This includes parties seeking a divorce, those requesting child support, or individuals involved in modifications of existing support orders. Both parties in a case may need to complete the form to ensure transparency and fairness in financial matters.

  3. How do I fill out the 12.902(b) form?

    Filling out the 12.902(b) form involves several steps. First, gather all relevant financial documents, such as pay stubs, bank statements, and tax returns. Then, accurately list your income sources, including wages, bonuses, and any other earnings. Next, detail your monthly expenses, such as housing costs, utilities, and childcare. Finally, provide information about your assets, like real estate and vehicles, as well as any debts you owe. It’s essential to be honest and thorough, as inaccuracies can lead to legal complications.

  4. What happens after I submit the 12.902(b) form?

    After submitting the 12.902(b) form, the court will review your financial information as part of the case proceedings. The judge may use this information to determine child support obligations, division of assets, or spousal support. Both parties may also have the opportunity to review each other's financial affidavits, which can lead to discussions or negotiations regarding financial arrangements. It is crucial to keep a copy of the submitted form for your records and to be prepared for any follow-up questions from the court or the other party.

Misconceptions

Understanding the Florida Financial Affidavit Short 12.902(b) form can be tricky. Here are four common misconceptions that people often have about this important document:

  • It is only for divorce cases. Many believe that this form is exclusively used during divorce proceedings. In reality, it can also be required in other family law matters, such as child custody or alimony cases.
  • It doesn’t need to be updated. Some individuals think that once they fill out this form, it remains valid indefinitely. However, it’s essential to update the affidavit whenever there are significant changes in financial circumstances, such as a job change or a new source of income.
  • Providing accurate information isn’t crucial. There is a misconception that the details on the affidavit don’t need to be precise. In truth, providing accurate and complete information is vital, as discrepancies can lead to legal consequences, including penalties for perjury.
  • Only one party needs to submit the form. Many assume that only the person initiating the legal action must file this affidavit. However, both parties often need to submit their financial affidavits to ensure transparency and fairness in the proceedings.

By clarifying these misconceptions, individuals can better navigate the requirements of the Florida Financial Affidavit Short 12.902(b) form and ensure compliance with the law.

Common mistakes

  1. Inaccurate Income Reporting: Many individuals fail to report all sources of income. This includes wages, bonuses, commissions, and any side jobs. Missing even a small amount can lead to discrepancies and potential legal issues.

  2. Neglecting to Update Expenses: Some people forget to include all monthly expenses. This might encompass child care costs, health insurance, and other necessary expenditures. Accurate expense reporting is crucial for a fair assessment.

  3. Omitting Assets: Failing to disclose all assets is a common mistake. This can include bank accounts, real estate, vehicles, and investments. Omitting assets can result in legal penalties and affect the outcome of financial disputes.

  4. Not Signing the Affidavit: A surprisingly simple mistake is forgetting to sign the form. Without a signature, the affidavit is considered incomplete and may not be accepted by the court. Always double-check for signatures before submission.

Document Data

Fact Name Description
Purpose The Florida Financial Affidavit Short form (12.902(b)) is used to disclose an individual's financial situation during family law proceedings, such as divorce or child support cases.
Governing Law This form is governed by the Florida Family Law Rules of Procedure, specifically Rule 12.902.
Filing Requirement Parties involved in family law cases must file this affidavit with the court to provide a clear picture of their financial standing.
Information Required The form requires details about income, expenses, assets, and liabilities, allowing the court to make informed decisions.
Short Form Usage The Short version is intended for cases where the financial situation is straightforward, making it less burdensome for the filer.
Signature Requirement Individuals must sign the affidavit under penalty of perjury, affirming that the information provided is true and accurate.
Deadline for Submission The form must be submitted within a specific timeframe set by the court, typically at the time of filing for divorce or modification of support.

Similar forms

The Florida Financial Affidavit Short 12.902(b) form is similar to the Long Financial Affidavit form, known as 12.902(a). Both forms are utilized during divorce proceedings to disclose an individual’s financial situation. While the Long Financial Affidavit provides a more comprehensive overview, including detailed information about income, expenses, assets, and liabilities, the Short form offers a streamlined version for those with simpler financial situations. This allows the court to assess financial matters without overwhelming the parties involved.

Another document that shares similarities is the Child Support Guidelines Worksheet, which is often used alongside financial affidavits. This worksheet helps in calculating child support obligations based on the income and expenses reported in the financial affidavit. Both documents aim to provide a clear picture of the financial landscape, ensuring that child support is determined fairly and equitably, based on the parents' financial capabilities.

The Marital Settlement Agreement (MSA) also aligns with the Florida Financial Affidavit Short form. An MSA outlines the terms of a divorce, including asset division and support obligations. While the financial affidavit provides the necessary financial details to support the MSA, the agreement itself formalizes how those finances will be managed post-divorce. Both documents work together to ensure that financial matters are resolved amicably and clearly.

Understanding the importance of financial transparency in family law proceedings can be crucial, especially when utilizing documents like the Financial Affidavit or the Marital Settlement Agreement. For those seeking additional resources on legal documents, OnlineLawDocs.com provides valuable information on various agreements, including non-disclosure agreements that safeguard sensitive information, further promoting clarity in legal matters.

The Affidavit of Support is another document that shares a purpose with the financial affidavit. This form is typically used in immigration cases to demonstrate that a sponsor has sufficient financial resources to support an immigrant. Like the financial affidavit, it requires a detailed disclosure of income and expenses, ensuring that the individual can meet their obligations. Both forms emphasize transparency and accountability regarding financial responsibilities.

The Income and Expense Declaration is similar in function to the Florida Financial Affidavit Short form, particularly in family law cases. This document provides a snapshot of a party’s financial situation, focusing on monthly income and expenses. It serves a similar purpose in providing the court with necessary financial information to make informed decisions regarding support and asset division. Both documents aim to present an accurate and clear financial picture to facilitate fair outcomes.

Lastly, the Statement of Net Worth is comparable to the Florida Financial Affidavit Short form, especially in divorce and family law contexts. This statement summarizes an individual's total assets and liabilities, giving a clear view of their financial standing. While the financial affidavit delves into income and expenses, the Statement of Net Worth focuses more on the overall financial picture. Together, they provide a comprehensive understanding of an individual’s financial health during legal proceedings.