The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases within the state of Florida. It requires individuals to disclose their financial information, providing a clear picture of their financial standing. This documentation is crucial for calculating alimony, child support, and for the equitable distribution of marital assets and debts. Click the button below to start filling out your form.
Understanding the financial implications and obligations during legal proceedings can often feel overwhelming. In Florida, an essential document that plays a crucial role in family law cases, such as divorce or child support modifications, is the Florida Financial Affidavit Short Form 12.902(b). This form is designed for individuals with an annual gross income of $50,000 or less, providing a simplified method to disclose financial information accurately. The form requires detailed information regarding income, expenses, assets, and liabilities. It serves as the foundation for determining alimony, child support, and the division of marital assets and debts. It is imperative that this form is filled out carefully and truthfully, as it can significantly impact the financial outcomes of the case. For many, this may be the first time encountering such a comprehensive financial overview, highlighting the importance of understanding each section's requirements and implications.
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}
When facing legal proceedings, the accurate completion of required forms can pave the way for a smoother process. Among these, the Florida Financial Affidavit Short Form 12.902(b) is crucial for cases involving financial matters, such as child support, spousal support, or the division of property. This document requires a detailed disclosure of one's financial situation, including income, expenses, assets, and liabilities. The information provided must be accurate and comprehensive, as it will significantly influence the court's decisions regarding financial obligations. To complete this form correctly, follow the steps outlined below:
After submitting the form, it will be reviewed as part of your case proceedings. The information you've provided will be instrumental in determining financial responsibilities and entitlements. Therefore, it's imperative to approach this task with diligence and transparency. Should your financial situation change significantly, it may be necessary to update the information through the proper legal channels.
What is the purpose of the Florida Financial Affidavit Short Form 12.902(b)?
The Florida Financial Affidavit Short Form 12.902(b) is designed to provide a concise and accurate representation of a person’s financial situation within family law disputes. Primarily used in divorce cases, this affidavit is crucial for determining alimony, child support, and the division of assets and liabilities. By requiring parties to disclose all aspects of their financial standings, including income, expenses, assets, and liabilities, the form promotes transparency and facilitates a fair resolution.
Who should use the Florida Financial Affidavit Short Form 12.902(b)?
This form is specifically designed for individuals engaged in family law cases whose annual gross income is below a certain threshold, as defined by Florida law. If your annual gross income falls within this specific range, you are obliged to use the Short Form 12.902(b) instead of its longer counterpart. It helps streamline the process for parties with straightforward financial situations, avoiding the complexity and extensive detail required in the long form.
What information is required when filling out the Florida Financial Affidavit Short Form 12.902(b)?
When completing the form, individuals must provide a thorough account of their financial status. This includes, but is not limited to, monthly income from all sources (employment, rental income, investments, etc.), monthly deductions (taxes, health insurance, union dues, etc.), assets (bank accounts, real estate, personal property, etc.), and liabilities (mortgages, loans, credit card debts, etc.). Accuracy and honesty are paramount when disclosing these details to ensure the equitable resolution of the family law matter at hand.
What are the consequences of failing to accurately complete the Florida Financial Affidavit Short Form 12.902(b)?
Inaccuracy or dishonesty in completing the Florida Financial Affidavit Short Form 12.902(b) can lead to significant legal ramifications. These may include but are not limited to, the court penalizing the offending party through fines, the reassessment of financial distributions, or even criminal charges for perjury. Given its legal importance, individuals must approach this document with diligence, ensuring all information is current, complete, and truthful to the best of their knowledge.
Filling out the Florida Financial Affidavit Short Form 12.902(b) is a crucial step in various legal processes, including divorce proceedings and child support cases. It requires accuracy and attention to detail. Unfortunately, many individuals make errors during this process that can lead to complications or delays in their cases. Here are eight common mistakes to be aware of:
Not fully understanding the requirements - Some people start filling out the form without reading the instructions carefully, leading to misunderstandings about what information is needed.
Omitting income sources - All sources of income must be disclosed, including part-time jobs, bonuses, rental income, or any side businesses.
Underestimating expenses - There is often a tendency to underestimate monthly expenses, which can impact financial support calculations.
Overestimating expenses - Conversely, overestimating expenses can also be problematic. It's important to be as accurate as possible.
Forgetting to include debts and liabilities - All debts and obligations, including loans, credit card debts, and other liabilities, must be accounted for.
Providing inaccurate information - Whether intentional or accidental, providing false or inaccurate information can have serious legal consequences.
Failing to update the affidavit - If there are significant changes to one's financial situation, the affidavit should be updated and resubmitted.
Not seeking legal guidance when needed - Individuals often attempt to complete this form without legal assistance, which can result in mistakes. It's advisable to consult with a legal professional if there is any uncertainty.
To avoid these mistakes, one should approach the form with caution and thoroughness. Seeking the advice of a legal professional can also help ensure the information provided is accurate and complete. This can prevent unnecessary delays or complications in legal proceedings.
In the process of handling various legal matters, especially those related to family law in Florida, the Florida Financial Affidavit Short Form 12.902(b) is often accompanied by several other forms and documents. These documents are crucial for ensuring compliance with legal requirements, providing necessary information, and facilitating the resolution of legal matters. They vary in purpose and are used at different stages of legal proceedings. Below is a list of commonly used forms and documents that accompany the Florida Financial Affidavit Short Form 12.902(b).
Each document serves a distinct purpose, contributing to a comprehensive view of the parties' financial situations and other relevant circumstances. Together, they support the equitable resolution of disputes, ensuring that all decisions, from child support to the division of assets, are made with the most accurate information available. For individuals navigating the complexities of family law in Florida, understanding these documents and their purposes is an essential part of the process.
Income and Expense Declaration (Form FL-150): Like Florida's Financial Affidavit Short Form 12.902(b), the Income and Expense Declaration is a staple in divorce proceedings, particularly in California. Both documents capture an individual's financial status by detailing income, expenses, assets, and debts, serving the purpose of informing the court and the other party about one’s financial situation to aid in determining alimony, child support, and property division.
Financial Statement (Short Form): Used in Massachusetts, this form resembles Florida’s 12.902(b) in its target audience—individuals with a gross annual income under a certain threshold. Both forms collect similar financial data to aid in family law matters, ensuring that decisions about financial support and asset distribution are based on comprehensive and accurate information.
Uniform Support Declaration: This form is part of family law proceedings in several states and shares the objective of the Florida Financial Affidavit Short Form—providing a detailed snapshot of one’s financial situation. It includes sections for income, expenses, assets, and liabilities, closely mirroring the type of data collected by the 12.902(b) form, although the specific layout and some data points may vary.
Affidavit of Financial Means: Often used in states like Arkansas for domestic relations cases, this document collects detailed financial information from a party in a similar manner to the 12.902(b). It helps the court in making informed decisions regarding spousal support, child support, and division of assets by outlining the financial capabilities and needs of both parties.
Child Support Worksheet: While specifically designed to calculate child support obligations, this document shares the core function of the Florida Financial Affidavit Short Form by requiring detailed financial information. Both documents assess income, expenses, and financial obligations to ensure a fair and adequate support arrangement that reflects the parents' financial realities.
Property and Debt Statement: A component of divorce proceedings in many jurisdictions, this form parallels the Florida 12.902(b) through its collection of detailed information regarding the parties’ assets and liabilities. Both seek to establish a clear financial picture to guide the equitable division of property and determination of financial responsibilities post-divorce.
When filling out the Florida Financial Affidavit Short Form 12.902(b), it's important to approach the document with careful attention to detail. This form plays a crucial role in various legal matters, including divorce proceedings, child support, and alimony cases in Florida. To help ensure you complete the form accurately and effectively, here are some dos and don'ts to keep in mind.
By following these guidelines, you can help ensure that your Florida Financial Affidavit Short Form 12.902(b) is filled out correctly, providing a solid foundation for your legal proceedings. This form is more than just paperwork; it's a key piece of documentation that can significantly impact your financial situation in legal matters.
Understanding the Florida Financial Affidavit Short Form 12.902(b) is essential for anyone going through the process of divorce or other family law proceedings. However, there are several misconceptions about this document that need to be clarified:
Only for Low-Income Individuals: Many believe the form is solely for low-income individuals. In reality, it's for anyone whose annual gross income is $50,000 or less. This tool is designed to simplify the financial disclosure process for a broader range of incomes, not just those considered low income.
It's Optional: Some people think filling out this form is optional. However, it's a mandatory requirement in family law cases where financial matters are at issue, such as child support, alimony, or division of assets and debts. The court needs this information to make informed decisions.
Doesn't Require Detailed Information: Another common misconception is that the form does not require detailed financial information. Contrary to this belief, individuals must provide comprehensive details about their income, expenses, assets, and liabilities. Accuracy and thoroughness are crucial.
Can Be Filed at Any Time: Some people mistakenly believe they can file this form at any stage of their legal proceedings. The truth is, there are specific deadlines for submitting this affidavit, typically early in the process. Failing to meet these deadlines can delay proceedings and negatively impact the case.
It's the Only Financial Form Needed: It's a common mistake to think this is the only financial form required in family law cases. Depending on the complexity of your financial situation and the specifics of your case, additional forms and financial disclosures may be necessary.
Personal Financial Information Is Made Public: A significant concern is that the personal financial information provided will become public record. While the affidavit is a court document, sensitive information is typically safeguarded, and measures are taken to protect privacy to the extent possible under the law.
Lawyer Not Needed for Completion: Lastly, people often assume they can easily complete the form without legal assistance. While it's possible to fill out the form on one's own, consulting with a lawyer can help ensure accuracy, completeness, and that the affidavit meets all legal requirements, potentially avoiding costly mistakes.
Dispelling these misconceptions is vital for anyone involved in a legal matter requiring the completion of the Florida Financial Affidavit Short Form 12.902(b). Understanding its purpose, requirements, and importance in the broader context of legal proceedings can help individuals better prepare and protect their interests.
When navigating the process of filling out the Florida Financial Affidavit Short Form 12.902(b), individuals find themselves managing a document that is critical in many family law cases. This form plays a pivotal role in providing a comprehensive overview of one’s financial situation, which is essential for the court’s assessment in cases ranging from divorce to child support. The following key takeaways can help individuals approach this form with confidence and clarity.
The Florida Financial Affidavit Short Form 12.902(b) serves as a critical instrument in family law matters, ensuring financial transparency and fairness. By approaching this document with thoroughness and honesty, individuals can effectively contribute to a just resolution of their case. Whether facing divorce, child support, or other related issues, understanding and correctly utilizing this form is paramount in navigating the legal waters of family law in Florida.
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