The Florida Financial Affidavit Short 12.902(b) form is a simplified financial disclosure document used in family law cases, particularly in divorce proceedings. This form helps parties outline their income, expenses, assets, and liabilities in a streamlined manner. Understanding how to complete this form is essential for navigating financial aspects of your case effectively; start by filling it out by clicking the button below.
When navigating the often complex waters of family law in Florida, understanding financial disclosures is essential, particularly when dealing with divorce or child support matters. The Florida Financial Affidavit Short 12.902(b) form plays a critical role in this process, offering a streamlined way to present your financial situation to the court. Designed for individuals with relatively simple financial circumstances, this form requires you to provide key information about your income, expenses, assets, and liabilities, essentially giving the court a snapshot of your financial status. By completing this affidavit, you not only inform the court but also establish transparency in your financial dealings, which can significantly impact decisions regarding alimony, child support, and property distribution. The form emphasizes clarity and simplicity, ensuring that even those unfamiliar with financial documentation can complete it effectively. Therefore, understanding the requirements and implications of the 12.902(b) form is vital for anyone involved in Florida's family law processes.
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 underline” in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.285.
Special notes...
If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).
The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.
Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)
Hourly - If you are paid by the hour, you may convert your income to monthly as follows:
Hourly amount
x
Hours worked per week =
Weekly amount
52 Weeks per year
=
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
Days worked per week
Weekly - If you are paid by the week, you may convert your income to monthly as follows:
Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows:
Bi-weekly amount
26
Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:
Semi-monthly amount x
2
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.
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
Entertainment
Gifts
Religious organizations
Miscellaneous
____________________
F. PAYMENTS TO CREDITORS
CREDITOR:
MONTHLY
PAYMENT
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)
B. LIABILITIES:
DESCRIPTION OF ITEM(S). List a description of each separate debt
owed by you (and/or your spouse, if this is a petition for dissolution
Amount
Owed
the line next to any debt(s) for which you believe you should be
responsible.
Mortgages on real estate: First mortgage on home
Second mortgage on home
Other mortgages
Auto loans
Charge/credit card accounts
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
Check the line next to any contingent asset(s) which you are requesting the
judge award to you.
Total Contingent Assets
Contingent Liabilities
Check the line next to any contingent debt(s) for which you believe you
should be responsible.
Total Contingent Liabilities
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
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}
After gathering the necessary information, you will move forward with filling out the Florida Financial Affidavit Short 12.902(b) form. This document is crucial for providing a clear picture of your financial situation during legal proceedings.
The Florida Financial Affidavit Short 12.902(b) form is a legal document used during family law proceedings, particularly in divorce and child custody cases. It provides the court and other parties with a snapshot of an individual's financial situation. The form includes details about income, expenses, assets, and liabilities. This information is crucial for determining issues like alimony, child support, and division of property.
This form is typically required in situations where financial information is necessary for making judicial decisions. If you are filing for divorce or seeking modification of support orders in Florida, you may be asked to submit the Florida Financial Affidavit Short 12.902(b) form. It’s vital for both parties involved in the case to provide this information to ensure fairness and transparency.
The form requests general financial details, including:
Accurate completion of this section ensures that the court has a complete understanding of your financial status.
The information provided in the Florida Financial Affidavit Short 12.902(b) form can significantly affect the outcomes of your case. The court uses this affidavit to assess a reasonable level of support payments and to determine the equitable distribution of assets and debts. If the information is inaccurate or incomplete, it could lead to unfavorable decisions. It is therefore essential to be thorough and honest when filling out the form.
Completing the Florida Financial Affidavit Short 12.902(b) form can be vital in various legal processes, particularly in family law cases. However, many people inadvertently make mistakes that can complicate their situation. One common mistake is failing to provide accurate income figures. It's essential to report all sources of income, including wages, bonuses, and any additional earnings. Underreporting income can lead to trust issues and unintended consequences.
Another frequent error involves overlooking essential expenses. Applicants often underestimate their monthly living costs, such as housing, utilities, and transportation. A lack of detail can skew the financial picture, resulting in a misunderstanding of an individual's financial status. Properly itemizing expenses is crucial to ensure a fair review of the affidavit.
People also sometimes forget to disclose all assets. This includes bank accounts, property, and valuable personal possessions. Being transparent about assets helps avoid potential legal penalties and promotes an equitable resolution. Omitting any significant assets can lead to complications down the road, jeopardizing the outcome of the case.
Lastly, individuals may neglect to sign the affidavit or date it properly. A missing signature or date can render the document invalid, requiring resubmission, which can cause delays. Taking the time to carefully check for these details before submission can help ensure that the form serves its intended purpose without unnecessary setbacks.
The Florida Financial Affidavit Short 12.902(b) form is an important document used in family law cases, particularly in divorce proceedings. It provides a snapshot of an individual's financial situation. Often, additional documents accompany this affidavit to support financial claims, clarify obligations, and facilitate court processes. Below are some of these commonly used documents.
Understanding these documents in relation to the Florida Financial Affidavit Short 12.902(b) form is crucial for anyone navigating family law matters in Florida. They together provide a comprehensive view of an individual's financial circumstances, supporting fair outcomes in legal proceedings.
Here is a list of important things to remember when filling out the Florida Financial Affidavit Short 12.902(b) form:
The Florida Financial Affidavit Short 12.902(b) form is often misunderstood. Below are some common misconceptions surrounding this document, along with clarifications:
Understanding these misconceptions can help individuals navigate the legal process with clarity and confidence.
When filling out the Florida Financial Affidavit Short 12.902(b) form, it is essential to keep certain important points in mind to ensure accuracy and completeness. The following key takeaways can guide you through this process:
By adhering to these key takeaways, you can create a solid foundation for your financial affidavit, potentially easing the process involved in your legal proceedings.
Act 221 Disclosure - It also discloses any special assessments currently under consideration, which could impact future costs for residents.
Da Form 2823 - Officials rely on the integrity of the information submitted.