The Florida Financial Affidavit Short Form 12.902(b) is a legal document that individuals use to disclose their financial status. This includes income, expenses, assets, and liabilities in cases involving alimony, child support, and the division of property in divorce proceedings. To make the process easier, ensure you gather all your financial information before starting and click the button below to fill out the form.
In the State of Florida, the process of navigating through legal proceedings, especially concerning family law matters such as divorce, requires a thorough and transparent disclosure of one's financial situation. Central to this is the Florida Financial Affidavit Short Form 12.902(b), a document designed for individuals with an annual gross income of less than $50,000. This form plays a pivotal role by providing a comprehensive overview of an individual's financial health, covering aspects such as income, expenses, assets, and liabilities. The information divulged aids in the equitable distribution of assets, determination of alimony or support, and helps ensure that all financial decisions are made with a full understanding of each party's economic position. Completing the form accurately and honestly is not just encouraged but required, as it forms the basis of financial fairness in the proceedings. The Florida Financial Affidavit Short Form 12.902(b) thus stands as a critical document, ensuring that all parties are on a level playing field as they navigate the complexities of legal separations or other family law issues.
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 Form 12.902(b) is an essential document used in family law cases, such as divorces and child support matters. This form is required to provide an accurate representation of an individual's financial status. It is crucial for parties involved to fill out this document carefully and truthfully, as it can significantly influence the court's decisions regarding financial matters in the case. The steps to complete the form are straightforward, but attention to detail is necessary to ensure accuracy and compliance with legal requirements.
By following these steps, you can accurately complete the Florida Financial Affidavit Short Form 12.902(b), ensuring that the court has a clear and comprehensive understanding of your financial situation. This document plays a crucial role in the resolution of financial issues within family law cases, so thoroughness and honesty are imperative. Make sure to keep a copy for your records and refer to it as needed throughout your case.
The Florida Financial Affidavit Short Form 12.902(b) is a legal document used in family law cases, such as divorces and child support matters, for parties with a gross annual income of $50,000 or less. It provides a comprehensive overview of an individual's financial status, including income, expenses, assets, and liabilities.
Any individual involved in a family law case in Florida with a gross annual income of less than $50,000 is required to complete this form. It's essential for accurately determining financial obligations, such as alimony or child support.
The form requires detailed information about your finances, including but not limited to:
After completing the form, you must file it with the clerk of the circuit court handling your case. You also need to serve a copy on the other party involved in your case. It's crucial to follow the specific filing procedures and deadlines set by the court to ensure your affidavit is considered.
Yes, there are strict deadlines for submitting the Florida Financial Affidavit Short 12.902(b). These deadlines vary by court and the specifics of your case. Generally, you must file the affidavit early in the case, often at the time of your initial filings or shortly thereafter. Check with the clerk of the court or your legal representative for exact deadlines applicable to your situation.
Failing to submit the form on time can have serious consequences, including but not limited to:
If your financial situation changes significantly after you've submitted the form, you may need to file an amended affidavit. This ensures that all decisions regarding your case are based on the most current and accurate information. To amend the form, you should file the updated affidavit with the court and serve it on the other party as soon as possible.
If you need assistance completing the Florida Financial Affidavit Short Form 12.902(b), consider the following resources:
Filling out the Florida Financial Affidavit Short Form 12.902(b) is a crucial step in various legal proceedings, such as divorce or child support cases. However, people often make mistakes that can affect the outcome of their case. Below are 10 common errors:
Not reading the instructions carefully: The form comes with detailed instructions that are often overlooked. Failing to follow these can lead to errors in completing the form.
Leaving sections blank: Every question on the form should be answered. If a particular section does not apply, it's better to write "N/A" (not applicable) than to leave it blank.
Estimating expenses and income inaccurately: A common mistake is not taking the time to accurately calculate monthly expenses and income, which can lead to discrepancies.
Not updating the information: If the form is prepared in advance of a hearing or mediation, failing to update the financial information can lead to presenting outdated details.
Omitting sources of income: All sources of income, including part-time jobs, bonuses, or any occasional earnings, must be disclosed.
Failure to include all debts and liabilities: Just as with income, all debts and monthly obligations must be listed to provide a complete financial picture.
Not attaching required documentation: Sometimes, financial documents such as pay stubs or tax returns need to be attached. Overlooking this requirement can cause delays.
Signing without verifying: It’s crucial to review the affidavit before signing. Once signed, it represents that all information provided is true and accurate to the best of one's knowledge.
Misunderstanding the definition of household income: Household income includes all income received by household members, not just the person completing the affidavit.
Using pencil or non-permanent ink: The form should be filled out in blue or black ink to ensure that it is permanent and legible.
Avoiding these mistakes can improve the accuracy of the affidavit, which is important for any legal process it supports. Inaccuracies can lead to unfavorable outcomes or even legal consequences for providing false information.
When dealing with financial matters, especially in the context of family law in Florida, the Florida Financial Affidavit Short Form 12.902(b) is a crucial document. However, it is often not the only document required to navigate these processes effectively. Other forms and documents usually accompany or supplement the Financial Affidavit to provide a comprehensive overview of an individual's financial situation. These documents help in various legal proceedings, including divorce, child support, and alimony cases.
Each of these documents plays a vital role in the broader legal process, ensuring that all aspects of a person's financial and familial situation are accurately represented. Coupled with the Florida Financial Affidavit Short Form 12.902(b), they form a comprehensive toolkit for individuals navigating the complexities of family law in Florida. Understanding and accurately completing these forms can significantly affect the outcome of legal proceedings, underscoring the importance of thorough and precise documentation.
The Florida Financial Affidavit Long Form 12.902(c) is akin to the short form but is designed for individuals with a higher income level. Both forms require detailed financial information, but the long form is more comprehensive due to the complexity of higher income or asset scenarios.
The Uniform Financial Statement used in Massachusetts bears similarities to Florida's short form. Each document aims to capture an individual's financial status comprehensively, demanding disclosures about income, expenses, assets, and liabilities for court purposes.
California’s Income and Expense Declaration (FL-150) parallels the purpose of Florida’s counterpart, as it's used in family law cases to assess financial situations. Both forms require detailed income and monthly expense statements from the parties involved.
The New Jersey Family Part Case Information Statement is another document used in family law that resembles Florida’s form. It mandates detailed financial disclosure for the equitable distribution of assets, similar to the requirements of the Florida Financial Affidavit.
Child Support Income Statement/Affidavit found in various states resembles the Florida form in its collection of financial data to calculate child support. It gathers information on earnings, deductions, and living expenses to ensure fair child support orders.
The Financial Disclosure Form for Divorce in New York is akin to the Florida short form, where both serve to disclose one's financial standing during divorce proceedings. Each plays a crucial role in the resolution of financial disputes and the determination of alimony and child support.
Domestic Relations Financial Affidavit in Georgia shares objectives with Florida's short form. It is essential in divorce and child support cases, where a clear understanding of the financial circumstances of each party is necessary for equitable decisions.
The Application for Determination of Civil Indigent Status in Florida, though not specific to family law, requires similar financial disclosures to qualify for fee waivers. Like the financial affidavit, it analyzes income, assets, and liabilities to assess one's financial ability.
Colorado Sworn Financial Statement is required in family law cases and mirrors the Florida form’s purpose. It ensures each party discloses their financial situation in detail, influencing decisions on spousal maintenance, child support, and asset division.
The Financial Statement for Legal Aid in various states, designed to evaluate eligibility for legal aid services based on financial need, collects similar types of financial information as the Florida form, albeit for a different purpose. Income, expenses, assets, and liabilities are thoroughly scrutinized.
Filling out the Florida Financial Affidavit Short Form 12.902(b) is an important step in various legal processes, such as divorce proceedings. Here are five things you should and shouldn't do to ensure accuracy and compliance:
Things You Should Do:
Things You Shouldn't Do:
In family law proceedings within Florida, such as divorce or child support cases, parties are often required to disclose their financial situation. The Florida Financial Affidavit Short Form 12.902(b) plays a critical role in these disclosures, yet it is surrounded by misconceptions. Understanding these misconceptions can help parties accurately complete the form and avoid unintentional errors.
Only for those with minimal income: A common misconception is that the 12.902(b) form is designed solely for individuals with little to no income. However, it is actually intended for use by individuals with a gross income of $50,000 or less per annum. It serves to provide a comprehensive overview of their financial situation, not just earnings.
No need for detail: Some believe that, because this is a "short form," there is no need to be detailed in their financial disclosures. This is incorrect. Despite being shorter than the long form, detailed and accurate financial information is still required to ensure fair legal proceedings.
Assets and liabilities are excluded: Another misconception is that assets and liabilities do not need to be disclosed on this form. In truth, the form requires information on all assets and liabilities to provide a full financial picture to the court.
Informal estimations are adequate: Some parties mistakenly believe that informal or rough estimations of income and expenses are sufficient. The court, however, expects accurate and verifiable figures to be entered on the form.
Only needed for initial filings: It's commonly misconstrued that the affidavit is only required at the initial filing of a case. The reality is, the court may require updated affidavits at different stages of a case to reflect current financial circumstances.
It affects child support only: Many think this affidavit impacts child support calculations exclusively. While it does play a significant role in determining child support, it also influences alimony and the division of marital assets and liabilities.
Signing without review is okay: The assumption that signing the document without thorough review due to its simplicity is a grave mistake. Every entry should be reviewed for accuracy as misinformation can lead to legal repercussions, including charges of perjury.
Legal advice is unnecessary: Often, individuals complete the form without seeking legal advice, believing its simplicity precludes the need. However, consulting with a legal professional can prevent errors and ensure that the form accurately reflects the financial situation.
Once filed, it cannot be amended: There's a false belief that once the affidavit is filed, it cannot be corrected or amended. If changes in financial circumstances occur or errors are discovered, parties can and should file an amended affidavit with the court to maintain accuracy in the proceedings.
Clearing up these misconceptions is vital for parties involved in family law cases in Florida. Proper completion and understanding of the Florida Financial Affidavit Short Form 12.902(b) ensures a fair and efficient process for all parties involved.
Filing out the Florida Financial Affidavit Short Form 12.902(b) is a crucial step in various legal proceedings, especially in family law matters such as divorce, child support, and alimony. Providing accurate and comprehensive financial information is not just a legal requirement; it paves the way for fair negotiations and court decisions. Here are eight key takeaways to guide you through the process of filling out and using this important document:
Navigating through legal documents can be daunting, but understanding these key aspects of the Florida Financial Affidavit Short Form 12.902(b) will help you approach this task with confidence. Remember, this form is more than just paperwork; it’s a critical factor in ensuring a fair outcome in your legal matter.
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