The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases to provide a summary of an individual's financial situation. This form is essential for individuals seeking alimony, child support, or during divorce proceedings, as it helps the court understand the financial circumstances of each party. By accurately completing this form, you can ensure that your financial information is clearly presented, aiding in fair decision-making.
The Florida Financial Affidavit Short 12.902(b) form plays a crucial role in family law cases, particularly during divorce proceedings. This form is designed to provide a clear snapshot of an individual's financial situation, including income, expenses, assets, and liabilities. By summarizing essential financial information, it helps the court make informed decisions regarding child support, alimony, and equitable distribution of marital assets. The form is streamlined for ease of use, allowing individuals to quickly fill it out without overwhelming details. It requires disclosure of both monthly income and expenses, ensuring that all parties involved have a comprehensive understanding of financial standing. Accurate completion of this affidavit is vital, as discrepancies can lead to legal complications or affect the outcome of financial negotiations. Understanding the nuances of this form is essential for anyone navigating the complexities of family law in Florida.
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}
The Florida Financial Affidavit Short 12.902(b) form is an important document used in family law cases, particularly for determining financial obligations. When completing this form, several other documents may also be necessary to provide a complete financial picture. Here’s a list of commonly used forms and documents that often accompany the Florida Financial Affidavit Short.
Having these documents ready can streamline the process and help ensure that all financial aspects are clearly presented. This can be especially important in family law cases where financial matters are often central to the proceedings.
1099 Form Fillable - If a business made direct sales of consumer products exceeding $5,000, this should also be reported on the form.
To facilitate the sale process, it is advisable to utilize the Illinois Templates PDF, which provides a comprehensive template for the Illinois Motorcycle Bill of Sale, ensuring that all necessary details are accurately captured and represented.
Puppy Health Guarantee Template - Only the conditions outlined in the contract are enforceable as guarantees.
When filling out the Florida Financial Affidavit Short 12.902(b) form, it is essential to keep several key points in mind to ensure accuracy and compliance.
By following these guidelines, individuals can navigate the financial affidavit process more effectively, contributing to a smoother legal experience.
The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases, particularly during divorce proceedings. This form provides a concise overview of an individual's financial situation, including income, expenses, assets, and liabilities. It is designed to facilitate the court's understanding of each party's financial standing, which can influence decisions related to alimony, child support, and the division of marital property.
Typically, both parties in a divorce or family law case are required to complete a financial affidavit. This includes individuals seeking alimony or child support, as well as those who may be contesting such claims. Even if you believe your financial situation is straightforward, submitting this form is essential for the court to make informed decisions regarding financial matters.
Filling out the form involves several steps:
Be thorough and accurate, as discrepancies can lead to complications in your case.
Failure to submit the Florida Financial Affidavit Short 12.902(b) can have serious consequences. The court may view your lack of compliance as a sign of bad faith or may deny your requests for financial relief, such as alimony or child support. Additionally, the court may impose sanctions or require you to provide the information under a more formal process, which can complicate and prolong your case.
Yes, you can update your financial affidavit if your financial situation changes significantly. It is important to notify the court and the other party involved in the case about any changes, such as a new job, a significant increase or decrease in income, or changes in living expenses. Providing updated information helps ensure that the court has an accurate picture of your financial circumstances.
There is no specific fee for filing the Florida Financial Affidavit Short 12.902(b) form itself. However, there may be court filing fees associated with the overall divorce or family law case. It is advisable to check with your local court for any applicable fees and payment methods, as these can vary by jurisdiction.
The form can be obtained from several sources. You can visit the Florida State Courts website, where official forms are made available for download. Local family law courts may also provide copies of the form. Additionally, legal aid organizations and family law attorneys can assist you in obtaining and completing the form correctly.
Understanding the Florida Financial Affidavit Short 12.902(b) form can be challenging. Here are four common misconceptions that people often have about this form:
By addressing these misconceptions, individuals can better navigate the requirements of the Florida Financial Affidavit Short 12.902(b) form and ensure they provide the necessary information for their legal matters.