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In the intricate realm of family law in Florida, the Financial Affidavit Short Form, officially known as Form 12.902(b), emerges as a pivotal document, particularly during the dissolution of marriage proceedings. This concise yet comprehensive form serves as a sworn statement, providing an overview of an individual's financial situation, which is crucial for various aspects of divorce such as alimony, child support, and the division of marital assets and liabilities. What sets this form apart is its design for individuals with a gross annual income of $50,000 or less, streamlining the process for those who might not have extensive financial portfolios but still require a clear, factual representation of their fiscal state. By meticulously outlining expenses, income, assets, and liabilities, the form aids the court in making informed decisions, ensuring a fair distribution and support arrangement. As such, it not only functions as a legal necessity but also embodies a tool for transparency and fairness in the emotionally charged process of divorce.

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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 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)

File Attributes

Fact Name Description
Purpose The Florida Financial Affidavit Short Form 12.902(b) is designed to provide an overview of an individual’s financial situation, particularly in cases involving family law issues like divorce, child support, and spousal support.
Eligibility This form is specifically intended for individuals with a gross annual income of under $50,000.
Required Information Users must provide detailed information about their income, assets, liabilities, and monthly expenses.
Governing Law The form and its use are regulated under Florida law, adhering to the state's procedures and guidelines for family law proceedings.

How to Fill Out Florida Financial Affidavit Short 12.902(b)

Once the decision is made to proceed with a legal matter requiring financial disclosure in Florida, one crucial document that comes into play is the Financial Affidavit Short Form 12.902(b). It is tailored for individuals with a gross annual income of $50,000 or less. This document plays a pivotal role by providing a detailed snapshot of one’s financial standing. The information filled in this affidavit is crucial for various proceedings, including but not limited to divorce, child support, and alimony cases. Accurately completing this form is essential for a fair and transparent legal process. The following steps will guide you through filling out the form correctly.

  1. Gather all financial documents you might need for reference, including pay stubs, bank statements, tax returns, and bills.
  2. At the top of the form, fill in your name, address, and phone number in the designated sections.
  3. Under the section titled “Legal Information,” insert the case number, judicial circuit, county, and names of the petitioner and respondent as they appear in your legal documents.
  4. Provide your occupation and the name and address of your employer in the corresponding fields.
  5. Determine your pay rate and schedule (e.g., hourly, weekly, bi-weekly, monthly) and enter this information along with your average gross income.
  6. Itemize your average monthly deductions such as taxes, health insurance, and any mandatory union dues or retirement plans. Subtract these from your gross income to calculate your net income, and record it in the designated area.
  7. Under the "Assets and Liabilities" section, list all your assets including bank accounts, real estate, vehicles, and any other personal property, along with their current market values.
  8. For each asset listed, if you owe any money (like a car loan or mortgage), write down the amount in the liabilities section next to the corresponding asset.
  9. List all monthly expenses, including but not limited to housing, utilities, groceries, transportation, insurance premiums, and any child or spousal support obligations. Ensure accuracy as this helps in assessing your financial obligations.
  10. Review the form to ensure all information is accurate and truthful. Misrepresentation can lead to legal repercussions.
  11. Sign and date the form at the bottom. Depending on the jurisdiction, you may need to get the form notarized.
  12. Finally, file the completed affidavit with the court and serve a copy to the other party involved in your case, as required by law.

Completing the Financial Affidavit Short Form 12.902(b) is a pivotal step in ensuring the integrity of the financial aspects of legal proceedings. This document lays the groundwork for assessing financial needs, obligations, and capabilities. By following the steps outlined above, individuals can provide a comprehensive and accurate picture of their financial status, paving the way for a transparent and equitable legal process.

Frequently Asked Questions

What is the Florida Financial Affidavit Short Form 12.902(b), and when should I use it?

The Florida Financial Affidavit Short Form 12.902(b) is a legal document used in family law cases. This form is specifically designed for individuals with an annual gross income of $50,000 or less. It requires you to disclose detailed financial information, including income, assets, liabilities, and monthly expenses. This affidavit is typically used in divorce proceedings, child support, and alimony cases to help the court make informed decisions about financial matters. It's essential to use this form if your income falls within the specified range and you are involved in a case where financial disclosure is required.

What kind of information do I need to complete the form?

To accurately complete the Florida Financial Affidavit Short Form 12.902(b), you’ll need to gather comprehensive financial information. Here’s a breakdown:

  • Income: Details about your salary, wages, bonuses, commissions, allowances, overtime, tips, and income from any other sources.
  • Assets: Information on all bank accounts, retirement accounts, real estate, vehicles, and any other significant personal property or investments.
  • Liabilities: A list of all debts, including mortgages, car loans, credit card debts, and any other outstanding obligations.
  • Monthly Expenses: An itemized list of monthly expenses, such as rent or mortgage payments, utility bills, food, transportation, insurance premiums, and any other recurring expenses.

It’s crucial to provide accurate and up-to-date information to ensure the court has a clear understanding of your financial situation.

How does the court use the information provided in this affidavit?

The information provided in the Florida Financial Affidavit Short Form 12.902(b) plays a critical role in family law cases. The court uses this detailed financial snapshot for several purposes:

  1. Determining Alimony: The affidavit helps the court assess the need for financial support from one party to the other and determine an appropriate amount of alimony, if applicable.
  2. Calculating Child Support: It establishes each parent's financial situation to calculate child support obligations accurately under Florida's Child Support Guidelines.
  3. Equitable Distribution of Assets and Liabilities: The court examines the financial affidavit to fairly divide the couple's assets and liabilities.
  4. Attorney’s Fees and Costs: It may also influence the court’s decision regarding the allocation of attorney’s fees and costs between the parties.

Therefore, completing this affidavit accurately and truthfully is of paramount importance.

Are there any penalties for providing false information on this form?

Yes, providing false information on the Florida Financial Affidavit Short Form 12.902(b) can lead to serious consequences. The affidavit is a sworn statement; therefore, falsifying information is considered perjury, which is a criminal offense. Penalties can include fines, sanctions, or even jail time, depending on the severity of the dishonesty and the judgement of the court. Furthermore, presenting false information can negatively affect the outcome of your case, including the court's decisions on financial matters such as alimony, child support, and the division of assets. It is in your best interest to ensure all information provided is accurate and truthful.

Common mistakes

When dealing with legal documents, the margin for error is notably slim. This holds particularly true for the Florida Financial Affidavit Short Form 12.902(b), a crucial document in family law proceedings within the state. The form requires detailed financial information, and mistakes can lead to delays in legal proceedings, or worse, impact the outcome of a case. One common error is providing incomplete information. Many individuals, perhaps in a bid to simplify the process, omit details deemed irrelevant or too cumbersome to gather. This oversight can lead to an inaccurate portrayal of financial standing, hindering the court's ability to make informed decisions.

Another frequent mistake lies in the misunderstanding of income. Parties often report their net income instead of their gross income, as required by the form. This discrepancy can significantly affect the determination of alimony or child support, leading to amounts that are unfair or unsustainable for one party. It's crucial that all income sources, including bonuses, commissions, or dividends, are accurately reported in their gross form.

Moreover, individuals commonly overlook the importance of listing all assets and liabilities. There is a tendency to omit or undervalue personal property, such as jewelry or artwork, and overestimate debts. This behavior not only misleads the court but might also be viewed as an attempt to deceive or manipulate the financial outcome of the case. Transparency and precision in listing these elements are paramount to ensure equitable decisions.

Incorrect calculation of expenses is yet another pitfall. Many filers underestimate or inaccurately estimate their monthly expenses, either by not accounting for all categories of spending or by failing to provide a realistic figure for each. This inaccuracy can complicate negotiations for spousal or child support, leading to arrangements that are not reflective of true financial needs.

A subtle yet significant error involves the improper dating or signing of the form. The legal validity of the affidavit can be compromised if it is not signed in the presence of a notary or if the date does not accurately reflect when the information was declared. This technicality, though seemingly minor, can invalidate the document, requiring the individual to start the process anew.

Additionally, there is the issue of failing to update the affidavit as circumstances change. Financial situations can evolve rapidly, and the courts require the most current information to make fair judgments. Individuals sometimes neglect to submit updated documents after significant financial changes, inadvertently leading to rulings based on outdated data.

Last but not least, attempting to complete the form without understanding its implications is a grave mistake. Some individuals fill out the form without fully grasping the legal ramifications of their submissions. Whether it's through lack of attention to detail or misunderstanding the form's instructions, this approach can lead to unintended legal and financial consequences. It is always advisable to seek legal counsel or assistance when preparing such important legal documentation, ensuring that it is completed accurately and thoughtfully.

Documents used along the form

The Florida Financial Affidavit Short Form 12.902(b) is a critical document used in family law cases, particularly those involving divorce or child support modifications. Filling it out requires accuracy and honesty about one’s financial situation. Besides this affidavit, several other forms and documents are frequently required to provide a comprehensive overview of an individual's financial status. Here is a brief overview of four such important documents.

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)): This affidavit is essential in cases involving children. It requires a parent to disclose information about the children's current residence and any previous residences within the past five years. This document aims to establish jurisdiction over child custody matters.
  • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.902(f)(1)): This is a detailed agreement that outlines the terms agreed upon by both parties in a divorce, including child support, property division, and alimony. This comprehensive agreement is designed to make the divorce process smoother by resolving these issues upfront.
  • Notice of Social Security Number (Form 12.902(j)): In all family law cases, each party is required to provide their social security number to the court. This form is used for the administration of child support payments and for identification purposes in the court's documentation.
  • Child Support Guidelines Worksheet (Form 12.902(e)): This document is used to calculate child support obligations based on the financial affidavits and incomes of both parents. It follows the state guidelines for child support and helps ensure that the child support amount is fair and adequate.

Understanding and properly completing these forms is crucial for anyone going through family court proceedings in Florida. The information provided in these documents plays a significant role in the court's decisions regarding divorce, child support, and custody matters. Therefore, it's advisable for individuals to seek guidance from legal professionals to ensure accuracy and compliance with legal standards.

Similar forms

The Florida Financial Affidavit Short Form 12.902(b) has similarities to the Uniform Residential Loan Application, used in the mortgage application process. Both documents require detailed financial information from the applicant to assess their financial stability. Information such as income, assets, liabilities, and monthly expenditures must be accurately reported. These documents play a crucial role in determining the financial capability of an individual, whether for loan approval or court matters in divorce proceedings.

Similar to the Financial Affidavit Short Form is the Personal Financial Statement form used by banks for loan applications. This form assesses an individual's financial health by requiring detailed disclosures of assets, liabilities, income, and expenses. The focus on providing a comprehensive snapshot of one’s financial standing mirrors the objective of the Financial Affidavit, emphasizing the importance of transparency in financial assessments.

The Child Support Guidelines Worksheet, often used in family law, shares similarities with the Financial Affidavit Short Form 12.902(b). Both documents are critical in financial determinations related to family matters. While the Guidelines Worksheet focuses specifically on calculating child support obligations based on parents' income and children's needs, both forms require detailed financial information to ensure fair and adequate support arrangements.

Another similar document is the Business Financial Statement Form, which is used to evaluate a business’s financial condition. Like the Financial Affidavit, it demands detailed accounts of income, expenses, assets, and liabilities. Both forms serve as tools to provide a clear financial picture, whether it’s for an individual in the context of legal proceedings or a business for loan purposes or financial assessment.

The Declaration of Financial Disclosure, commonly used in various legal proceedings, also mirrors the Financial Affidavit Short Form. This document requires parties to disclose their financial status comprehensively, supporting the equitable division of assets, calculation of alimony, or child support. The principle of full and honest financial disclosure underpins both documents, ensuring fairness in the legal process.

Lastly, the Income and Expense Declaration, typically used in family law, shares objectives with the Financial Affidavit Short Form. Required in situations such as determining spousal or child support, this form focuses on an individual’s monthly income and expenses. The emphasis on detailed financial information ensures that support decisions are made based on accurate and current financial data, mirroring the goal of the Financial Affidavit in family law proceedings.

Dos and Don'ts

Filling out the Florida Financial Affidavit Short Form 12.902(b) is an important step in various legal processes, including divorce. This document requires accurate and comprehensive disclosure of your financial status. Here are some guidelines to ensure that you complete the form correctly and avoid common pitfalls:

  • Do gather all necessary documents before you start. This includes your most recent tax returns, pay stubs, bank statements, and any other financial records that can provide an accurate picture of your financial situation.
  • Do carefully read each question and instruction on the form. This helps to ensure that you understand what is being asked and how to answer it properly.
  • Do use exact numbers whenever possible. Estimations should only be used when absolutely necessary, and you should make it clear that you are estimating.
  • Do double-check your math. Simple errors can cause big problems down the line, so make sure all totals are correct.
  • Do sign and date the form where required. An unsigned affidavit may be considered incomplete or invalid.
  • Don't leave any sections blank. If a section does not apply to you, write "N/A" (not applicable) instead of leaving it blank to show that you did not overlook the question.
  • Don't underestimate or overestimate the value of your assets. Being truthful and accurate is crucial as inaccuracies can lead to accusations of fraud or misrepresentation.
  • Don't forget to include all sources of income. This includes part-time jobs, self-employment income, rental income, or any other money you receive on a regular basis.
  • Don't hesitate to seek legal advice. If you have any doubts or questions about how to complete the form accurately, consulting with a legal advisor can prevent costly mistakes.

Completing the Florida Financial Affidavit Short Form 12.902(b) accurately is crucial for ensuring a smooth legal process. By following these dos and don'ts, you can provide a clear and accurate depiction of your financial situation.

Misconceptions

When navigating the complexities of legal proceedings in Florida, particularly those related to family law, individuals often encounter the Florida Financial Affidavit Short Form 12.902(b). A thorough understanding of this document is crucial, yet several misconceptions persist, complicating the filing process. Here, we aim to clarify these misunderstandings, ensuring individuals can approach this requirement with confidence and accuracy.

  • Only applicable in divorce cases: A common misunderstanding is that Form 12.902(b) is exclusively used in divorce proceedings. While it is frequently utilized in divorce actions, especially those involving child support or alimony, this form also applies to other family law matters, including but not limited to, paternity lawsuits and modifications of prior court orders regarding financial obligations.

  • Income details are optional: Every section in Form 12.902(b) is designed to capture an accurate picture of an individual's financial situation. Users must fill in all sections pertaining to their income, regardless of the source. This includes wages, salaries, commissions, bonuses, dividends, pension, and any other income streams. Providing comprehensive income details is not optional but a requirement for a truthful affidavit.

  • Assets can be estimated: It's a mistake to believe one can merely estimate the value of assets when filling out the affidavit. It calls for precise information regarding the current market value of all assets, including real estate, vehicles, bank accounts, and personal property. Estimations can lead to inaccuracies that impact legal outcomes.

  • Debts and liabilities section is less critical: Contrary to what some might think, the section on debts and liabilities is as crucial as the income and assets sections. Accurately reporting mortgages, loans, credit card debts, and other financial obligations is essential for the court to gauge an individual's net financial standing.

  • Once filed, the form's details cannot be changed: Many are under the impression that once Form 12.902(b) is filed, its contents are set in stone. However, if there are significant changes to an individual's financial situation, amendments can be made. It is vital to inform the court of such changes as soon as possible to maintain the integrity of the legal process.

  • All expenses are considered equal: The form distinguishes between different types of expenses for a reason. Monthly living expenses, such as rent or mortgage payments, utilities, groceries, and insurance, must be accurately reported. However, it's critical to differentiate between necessary expenses and discretionary spending to avoid misrepresenting one's financial needs.

  • The form is only relevant at the initial filing: This form may need to be updated or resubmitted throughout the course of a case. Its relevance extends beyond the initial filing; it may be referred to during negotiations, mediations, or hearings. Ongoing accuracy is essential, as financial circumstances may evolve over time.

  • No need for documentation: While the form itself requires detailed entries, supplying supporting documentation for the information provided is often necessary, especially if disputed by the other party. Bank statements, pay stubs, and bills are examples of documents that may need to be presented to substantiate claims made in the affidavit.

Dispelling these misconceptions ensures that individuals dealing with legal matters in Florida can complete the Financial Affidavit Short Form 12.902(b) accurately and effectively, leading to a smoother legal process and more equitable resolutions.

Key takeaways

  • The Florida Financial Affidavit Short Form 12.902(b) is essential for cases involving child support, alimony, division of property, and other financial matters in family court. It gives a snapshot of your financial situation.

  • This affidavit must be completed by those with a gross annual income of $50,000 or less. For incomes above this threshold, a different, more detailed form is required.

  • Accuracy is critical. This document requires you to disclose all sources of income, assets, liabilities, and monthly expenses. Underestimating or omitting information can lead to legal penalties.

  • Supporting documents are often necessary. Be prepared to provide pay stubs, tax returns, bank statements, and other financial records to substantiate the figures you report.

  • Even if you believe your finances are straightforward, it's advisable to seek legal advice. A lawyer can help ensure your affidavit accurately reflects your financial situation and complies with legal standards.

  • Updates may be required. If your financial situation changes significantly after you submit the affidavit but before your case concludes, you may need to file an amended affidavit.

  • The affidavit has implications for your case. The court uses the information to make decisions about alimony, child support, and the division of assets and debts. Inaccuracies can affect these outcomes.

  • Filing deadlines matter. Your case's timetable will include a deadline for submitting this affidavit. Missing this deadline can delay proceedings or limit your ability to present certain evidence.

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