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Navigating financial disputes during times of personal upheaval, like a divorce, can seem insurmountable. At the heart of resolving these disputes in Florida is a crucial document known as the Florida Financial Affidavit Short Form 12.902(b). This document is engineered to streamline the financial disclosure process, ensuring both parties provide a comprehensive overview of their finances in a clear and concise manner. Designed for individuals with an annual gross income of $50,000 or less, this affidavit plays a pivotal role in divorce proceedings, child support negotiations, and alimony discussions. Completing this form accurately is not just a legal requirement; it's a step towards ensuring a fair and equitable resolution of financial matters. As such, understanding every aspect of this form—from its purpose, the correct way to disclose assets and liabilities, to the implications of providing inaccurate information—is essential for anyone involved in such legal matters in Florida.

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (01/15)

When should this form be used?

This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is UNDER $50,000 per year unless:

(1)You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of a financial affidavit;

(2)You have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues; or

(3)The court lacks jurisdiction to determine any financial issues.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be served on the other party in your case within 45 days of being served with the petition, if it is not served on him or her with your initial papers. Service must be in accordance with Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underlinein these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.285.

Special notes...

If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.

Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

Hourly - If you are paid by the hour, you may convert your income to monthly as follows:

Hourly amount

x

Hours worked per week =

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Daily - If you are paid by the day, you may convert your income to monthly as follows:

Daily amount

x

Days worked per week

=

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Weekly - If you are paid by the week, you may convert your income to monthly as follows:

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows:

Bi-weekly amount

x

26

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:

Semi-monthly amount x

2

=

Monthly Amount

Expenses may be converted in the same manner.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

IN THE CIRCUIT COURT OF THE

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

 

COUNTY, FLORIDA

 

 

 

 

Case No.: ______________________

 

 

 

 

Division: _______________________

 

,

 

 

 

Petitioner,

 

 

 

and

 

 

 

 

,

 

 

 

Respondent.

 

 

 

FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)

(Under $50,000 Individual Gross Annual Income)

I, {full legal name}

 

 

 

 

, being sworn, certify that the following

information is true:

 

 

 

 

My Occupation:

 

 

 

Employed by: ___________________________

Business Address: ________________________________________________________________

Pay rate: $

 

( ) every week (

) every other week ( ) twice a month ( ) monthly

( ) other: ____________

 

 

 

___ Check here if unemployed and explain on a separate sheet your efforts to find employment.

SECTION I. PRESENT MONTHLY GROSS INCOME:

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under “other” should be listed separately with separate dollar amounts.

1.$______ Monthly gross salary or wages

2.______ Monthly bonuses, commissions, allowances, overtime, tips, and similar payments

3._______Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expenses.)

4._______Monthly disability benefits/SSI

5._______Monthly Workers’ Compensation

6._______Monthly Unemployment Compensation

7._______Monthly pension, retirement, or annuity payments

8._______Monthly Social Security benefits

9.______ Monthly alimony actually received (Add 9a and 9b)

9a. From this case: $ _______

9b. From other case(s): _______

10._______ Monthly interest and dividends

11._______Monthly rental income (gross receipts minus ordinary and necessary expenses

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

required to produce income) (Attach sheet itemizing such income and expense items.)

12._______ Monthly income from royalties, trusts, or estates

13._______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses

14._______ Monthly gains derived from dealing in property (not including nonrecurring gains)

15._______ Any other income of a recurring nature (list source) _________________________

16.__________________________________________________________________________

17.$ _______ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1–16)

PRESENT MONTHLY DEDUCTIONS:

18.$______Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)

a.Filing Status ____________

b.Number of dependents claimed _______

19._______ Monthly FICA or self-employment taxes

20._______ Monthly Medicare payments

21._______ Monthly mandatory union dues

22._______ Monthly mandatory retirement payments

23._______ Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship

24._______ Monthly court-ordered child support actually paid for children from another relationship

25._______Monthly court-ordered alimony actually paid (Add 25a and 25b)

25a. from this case: $ _______

25b. from other case(s):$ _______

26.$_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25).

27.$_______ PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17)

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form)(01/15)

SECTION II. AVERAGE MONTHLY EXPENSES

Proposed/Estimated Expenses. If this is a dissolution of marriage case and your expenses as listed below do not reflect what you actually pay currently, you should write “estimate” next to each amount that is estimated.

A. HOUSEHOLD:

 

Mortgage or rent

$ _______

Property taxes

$_______

Utilities

$_______

Telephone

$ _______

Food

$ _______

Meals outside home

$_______

Maintenance/Repairs

$ _______

Other: __________

$_______

B. AUTOMOBILE

 

Gasoline

$ _______

Repairs

$_______

Insurance

$_______

C.CHILD(REN)’S EXPENSES

Day care

$ _______

Lunch money

$_______

Clothing

$ _______

Grooming

$_______

Gifts for holidays

$ _______

Medical/Dental (uninsured)

$ _______

Other: ______________

$ _______

D.INSURANCE Medical/Dental (if not listed on

lines 23 or 45)

$ _______

Child(ren)’s medical/dental

$ _______

Life

$ _______

Other:

 

 

$ _______

E. OTHER EXPENSES NOT LISTED ABOVE

Clothing

$ _______

Medical/Dental (uninsured)

$_______

Grooming

$ _______

Entertainment

$_______

Gifts

$_______

Religious organizations

$_______

Miscellaneous

$_______

Other: ______________

$ _______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

F. PAYMENTS TO CREDITORS

 

CREDITOR:

MONTHLY

 

PAYMENT

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

28. $_______ TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above)

SUMMARY

29.$_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)

30.$_______ TOTAL MONTHLY EXPENSES (from line 28 above)

31.$_______ SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.)

32.($_______) (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.)

SECTION III. ASSETS AND LIABILITIES

Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage. See the “General Information for Self-Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)

A. ASSETS:

DESCRIPTION OF ITEM(S). List a description of each separate item

Current

Nonmarital

owned by you (and/or your spouse, if this is a petition for dissolution

(check correct

of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check

Fair

column)

the line next to any asset(s) which you are requesting the judge

Market

 

 

award to you.

Value

 

 

 

husband

wife

 

 

 

 

Cash (on hand)

$

 

 

 

Cash (in banks or credit unions)

 

 

 

 

Stocks, Bonds, Notes

 

 

 

 

Real estate: (Home)

 

 

 

 

(Other)

 

 

 

 

Automobiles

 

 

 

 

Other personal property

 

 

 

 

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____Check here if additional pages are attached.

 

 

 

Total Assets (add next column)

$

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

B. LIABILITIES:

DESCRIPTION OF ITEM(S). List a description of each separate debt

Current

Nonmarital

(check correct

owed by you (and/or your spouse, if this is a petition for dissolution

Amount

column)

of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check

Owed

the line next to any debt(s) for which you believe you should be

 

 

 

responsible.

 

husband

wife

 

Mortgages on real estate: First mortgage on home

$

 

 

 

Second mortgage on home

 

 

 

 

Other mortgages

 

 

 

 

 

 

 

 

 

Auto loans

 

 

 

 

 

 

 

 

 

Charge/credit card accounts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____Check here if additional pages are attached.

 

 

 

Total Debts (add next column)

$

 

 

C. CONTINGENT ASSETS AND LIABILITIES:

INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here.

 

 

Contingent Assets

 

Possible

 

Nonmarital

 

 

 

 

 

(check correct

 

Check the line next to any contingent asset(s) which you are requesting the

 

Value

 

column)

 

 

 

 

judge award to you.

 

 

 

husband

wife

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

Total Contingent Assets

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contingent Liabilities

 

 

 

Nonmarital

 

 

 

 

Possible

 

(check correct

 

Check the line next to any contingent debt(s) for which you believe you

 

Amount

 

column)

 

should be responsible.

 

Owed

 

husband

wife

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

Total Contingent Liabilities

$

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

SECTION IV. CHILD SUPPORT GUIDELINES WORKSHEET

(Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.)

[Check one only]

____ A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the

establishment or modification of child support.

____ A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or

modification of child support is not an issue in this case.

I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed

( ) hand delivered to the person(s) listed below on {date} ________________________________.

Other party or his/her attorney:

Name: _____________________________

Address: ____________________________

City, State, Zip: _______________________

Fax Number: _________________________

E-mail Address(es): _____________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:

Signature of Party

Printed Name: ________________________________

Address: ___________________________________

City, State, Zip: ______________________________

Fax Number: ________________________________

E-mail Address(es): ____________________________

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

 

 

by

 

.

 

 

 

________________________________

 

 

 

 

 

NOTARY PUBLIC or DEPUTY CLERK

 

 

 

 

________________________________

 

 

 

 

 

[Print, type, or stamp commissioned

 

 

 

 

 

name of notary or deputy clerk.]

 

____ Personally known

 

 

 

 

____ Produced identification

 

 

 

 

Type of identification produced

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only one} (

) Petitioner ( ) Respondent

This form was completed with the assistance of:

 

 

{name of individual}

 

 

,

{name of business} ___________________________________________________________________,

 

{address}

________________________________,

{city}

 

________,{state} ________ {telephone number}

.

 

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

File Characteristics

Fact Name Description
Purpose The Florida Financial Affidavit Short Form 12.902(b) is designed for use in family law cases for individuals with annual gross incomes of $50,000 or less.
Applicability This form is required in divorce cases and other family law matters where financial issues are at stake, such as child support, alimony, or division of assets and debts.
Requirements Individuals must accurately disclose their financial situation, including income, expenses, assets, and liabilities.
Governing Law The form is governed by Florida law, specifically under Florida Family Law Rules of Procedure.
Verification Filers must sign the affidavit before a notary public or deputy clerk, verifying that the information provided is true and correct.
Confidentiality Some of the information provided may be deemed confidential under Florida law and can be withheld from public record.
Amendment If financial situations change, parties are obligated to file an amended affidavit to reflect those changes accurately.

Steps to Writing Florida Financial Affidavit Short 12.902(b)

Filling out the Florida Financial Affidavit Short Form 12.902(b) is a crucial step in various legal processes, such as divorce proceedings and child support matters, among others. This document provides a snapshot of one's financial situation, which is essential for courts to make informed decisions regarding financial matters. Here's a step-by-step guide to help you complete the form accurately and efficiently.

  1. Start by entering your full legal name at the top of the form, where it says "IN THE CIRCUIT COURT OF THE ____ JUDICIAL CIRCUIT, IN AND FOR ____ COUNTY, FLORIDA."
  2. Next, fill in the case number, division, and the names of the petitioner and the respondent in the appropriate fields.
  3. Under the section titled "SECTION I. INCOME," list your gross income from all sources, including wages, rental income, investments, and any other sources. Be sure to follow the form's instructions on how often to report these amounts (weekly, bi-weekly, monthly, etc.).
  4. In "SECTION II. DEDUCTIONS," deduct allowable expenses and contributions, such as federal, state, and local income taxes, health insurance premiums, mandatory retirement payments, and court-ordered support for other children or alimony. Make sure these are deducted according to the payment frequency you chose in the previous section.
  5. Calculate your net income by subtracting the total deductions from your total gross income and report this figure in the designated spot.
  6. Under "SECTION III. ASSETS AND LIABILITIES," list all assets, including bank accounts, real property, personal property, stocks, bonds, and life insurance cash values, and their current fair market value.
  7. Then, list all your liabilities, such as mortgages, car loans, credit card debts, and other outstanding debts, including the name of the creditor, the balance owed, and the monthly payment amount.
  8. In "SECTION IV. MONTHLY EXPENSES," itemize your monthly expenses such as rent or mortgage, utilities, groceries, insurance, transportation, and any other monthly expenses, calculating and reporting the total at the end of the section.
  9. If you have any dependent children, fill out "SECTION V. DEPENDENT CHILDREN" with their names, ages, and the amount of any monthly child support or alimony you pay or receive.
  10. Sign and date the form in the presence of a notary public or deputy clerk. Remember, by signing the document, you are swearing under oath that the information provided is true and correct to the best of your knowledge.
  11. If applicable, attach any required financial documents or statements as instructed by the form or as required by the court or legal process you're involved in.

After completing the form, review it thoroughly to ensure all information is accurate and complete. This document plays a significant role in the legal process, influencing decisions and outcomes related to financial matters. It's crucial to provide truthful and comprehensive details to avoid any potential legal repercussions for falsifying information. Once filled out, submit the form to the appropriate court or legal authority as instructed in your case.

Important Details about Florida Financial Affidavit Short 12.902(b)

What is the Florida Financial Affidavit Short Form 12.902(b)?

The Florida Financial Affidavit Short Form 12.902(b) is a legal document used in family court cases. It requires individuals involved in divorce, child support, and other family law matters to disclose their financial status. This includes income, expenses, assets, and liabilities. The form is designed for people with a gross annual income of less than $50,000.

Who needs to fill out the Florida Financial Affidavit Short Form 12.902(b)?

Individuals involved in family court proceedings in Florida who earn less than $50,000 per year must complete this form. It's typically required in cases of divorce, child support, and alimony to ensure fair financial arrangements are made.

What kind of information do I need to provide on this form?

You'll need to provide a detailed account of your financial situation. This includes your current income from all sources, monthly expenses, assets like property and vehicles, and all liabilities or debts. Accuracy and honesty are crucial, as this information will affect the outcomes of legal proceedings.

Where can I find the Florida Financial Affidavit Short Form 12.902(b)?

The form is available on the Florida Courts website and can often be obtained from the clerk's office at your local courthouse. Some legal aid organizations in Florida may also provide copies or assistance with filling them out.

What happens if I don't fill out the form accurately?

Filling out the form inaccurately can lead to serious consequences. If it's found that you intentionally misrepresented your financial situation, you could face penalties, including fines or other sanctions by the court. It's important to fill out the form as accurately and truthfully as possible.

Can I fill out the Florida Financial Affidavit Short Form 12.902(b) myself?

Yes, you can complete the form yourself; however, considering the impact this document can have on your case, you might want to consult with a legal professional. They can ensure the form is filled out accurately and reflects your financial situation in the best possible light.

Common mistakes

Filling out the Florida Financial Affidavit Short Form, 12.902(b), is a critical step in many legal processes, from divorce to child support adjustments. However, mistakes in completing this form can lead to unnecessary delays or impact the outcome of your case. One common error is not accurately reporting all sources of income. This includes everything from salary and wages to bonuses, commissions, and any passive income sources you might have. Underreporting income can have serious legal repercussions and affect the fairness of the final settlement or judgment.

Another mistake often made is underestimating monthly expenses. It's essential to give an accurate and comprehensive breakdown of your monthly expenses, including even minor or irregular costs. Failing to do so can lead to a financial affidavit that does not accurately reflect your financial situation, potentially skewing the determination of financial obligations in your case.

People frequently overlook or improperly value their assets. Whether it’s real estate, vehicles, retirement accounts, or even valuable personal belongings, inaccurately valuing your assets can significantly impact the accuracy of the affidavit. Overvaluation or undervaluation can lead to issues in the equitable distribution of assets or in the assessment of financial capability.

Not distinguishing between marital and non-marital assets is yet another pitfall. In Florida, it's crucial to understand which assets are considered marital and thus subject to division, and which are considered non-marital or separate property. Misclassifying these can lead to inaccuracies in the affidavit that complicate the legal process.

Debt is another area where errors can occur. Failing to list all debts, misstating amounts, or inaccurately assigning responsibility for joint debts can all have significant repercussions. It's important to be thorough and accurate in detailing all liabilities to ensure a fair and transparent accounting of financial situations.

Using estimates instead of actual numbers is a tempting shortcut, but it can lead to problems. Whether it’s income, expenses, asset values, or debts, guesses can distort the true financial picture and lead to disputes or reassessments later on.

Another significant error is failure to update the affidavit if your financial situation changes before the proceeding concludes. The legal process can be lengthy, and failing to provide updated information can result in decisions based on outdated information.

Not attaching required documentation is a common oversight. The affidavit requires supporting documentation for income, assets, debts, and expenses. Failing to attach these can delay the process and lead to questions about the accuracy of your filed information.

Lastly, simply overlooking or leaving sections of the form blank can have serious consequences. Each section serves a purpose and contributes to the overall picture of your financial situation. Incompleteness can lead to misunderstandings or a perception of non-disclosure.

Given these common mistakes, it's critical to approach the Florida Financial Affidavit Short Form, 12.902(b), with attention to detail and an emphasis on accuracy. Taking the time to properly complete this form can significantly smooth the legal process and help ensure a fair outcome.

Documents used along the form

When navigating through legal processes in Florida, especially those related to family law, the Florida Financial Affidavit Short Form (12.902(b)) is crucial. This document ensures a transparent disclosure of an individual's financial status, which is essential in cases involving alimony, child support, and the division of marital assets. Alongside this affidavit, several other forms and documents are commonly required to provide a comprehensive view of one's financial landscape or to comply with legal procedures. Understanding each of these documents can simplify the process for everyone involved.

  • Certificate of Compliance with Mandatory Disclosure Form 12.932: This verifies that parties have exchanged required financial information, promoting fairness and transparency in proceedings.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit Form 12.902(d): In cases involving child custody, this affidavit provides information about a child's residence and custody history, aiding in jurisdictional decisions.
  • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) Form 12.902(f)(1): This agreement outlines the terms agreed upon by both parties regarding division of assets, debts, custody, and support, aiming for a mutually acceptable resolution.
  • Parenting Plan Form 12.995(a)/(b): A required document in all cases involving children, detailing how parents will share custody and make decisions about the child's upbringing.
  • Notice of Social Security Number Form 12.902(j): This form is required to accurately identify parties in family law cases, involving social security numbers under confidential status.
  • Child Support Guidelines Worksheet Form 12.902(e): Used to calculate the appropriate amount of child support, ensuring a standard of living that is in the best interest of the child(ren).
  • Financial Affidavit Long Form 12.902(c): For individuals with a higher gross income, providing a more detailed account of financial status is required, complementing the short form in comprehensive disclosures.
  • Motion for Temporary Support with Dependent or Minor Child(ren) Form 12.947(c): Filed when seeking temporary child support or alimony during legal proceedings, ensuring needs are met while awaiting a final order.
  • Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) Form 12.990(c)(1): This form concludes the dissolution of a marriage, detailing the division of property when no minor children are involved.
  • Domestic Relations Financial Affidavit: Utilized in family law disputes, this affidavit provides a snapshot of one's financial situation, aiding in the equitable resolution of financial matters.

Each of these forms plays a vital role in the meticulous process of legal proceedings, ensuring that all financial aspects are clearly outlined and considered. By meticulously completing and submitting these documents when required, individuals can contribute to a smoother, more efficient legal process. Whether dealing with custody, support, or the division of assets, these documents collectively help to establish a clear, accurate financial landscape, facilitating fair and equitable outcomes for all parties involved.

Similar forms

The Florida Financial Affidavit Short Form 12.902(b) is similar to the Long Form 12.902(c) in that both serve the purpose of providing a detailed report of a party's financial status in family law cases. The key difference lies in their use: the Short Form is typically used for individuals with an annual gross income of less than $50,000, while the Long Form is for those earning more. Despite this difference, both forms require the disclosure of assets, liabilities, income, and expenses to give the court a comprehensive view of the financial situation.

Similar to the Uniform Financial Statement used in some other states, the Short Form 12.902(b) demands thorough financial disclosure for family law disputes, including divorce and child support cases. Both documents are comprehensive and seek to establish a transparent financial landscape for the court's consideration. They require individuals to list out their incomes, expenses, assets, and liabilities, ensuring that the court can make informed decisions regarding financial obligations, though the format and specific requirements may differ by jurisdiction.

The Personal Financial Statement, commonly used in loan applications, shares similarities with the Florida Financial Affidavit Short Form 12.902(b) by detailing an individual's financial status through the disclosure of income, assets, liabilities, and expenses. Although the Personal Financial Statement is used in the context of securing credit or loans and the Florida form is used in family law cases, both provide a snapshot of financial health vital for decision-making purposes.

The Federal Financial Disclosure Form required in federal court cases, particularly in civil litigation involving financial disputes, mirrors the Short Form 12.902(b) in its requirement for detailed financial disclosures from parties. These disclosures allow for an equitable resolution by the court, though the Federal Financial Disclosure Form is used in a wider range of legal cases beyond family law.

Schedule I and Schedule J in a Chapter 13 Bankruptcy filing are reminiscent of the Florida Financial Affidavit Short Form 12.902(b) because they require extensive disclosure of a debtor's monthly income and expenditures, respectively. These forms contribute to a bankruptcy court's evaluation of the debtor's repayment plan by offering detailed insights into their financial capacity, much like how the Financial Affidavit aids in family court decisions.

The Child Support Worksheet, used in many states to calculate child support obligations, correlates with the Florida Financial Affidavit Short Form 12.902(b) by necessitating the detailed disclosure of income and expenses. Both documents ensure that child support payments are fair and reflective of the financial realities of both parents, although the Worksheet is specifically tailored to calculate support amounts.

The Income and Expense Declaration form found in family law cases mirrors the Florida Financial Affidavit Short Form 12.902(b) in purpose and content. It requires parties to fully detail their financial circumstances, including all sources of income and monthly expenses. This disclosure aids in determining spousal support, child support, and other financial orders. While each state may have its own specific form, the overarching goal is to ensure a fair assessment of each party's financial capacity.

Dos and Don'ts

Filling out the Florida Financial Affidavit Short Form 12.902(b) requires a keen attention to detail and a clear understanding of one’s financial situation. Here are the best practices to follow, along with common pitfalls to avoid, to ensure the process is completed correctly and effectively.

Do:

  1. Ensure all information is accurate and current. Financial situations can change, so it’s important to provide the most up-to-date information.
  2. Review all categories of income and expenses listed to not overlook any figures. This affidavit covers various financial aspects, and each section must be filled out comprehensively.
  3. Use actual numbers rather than estimates. Precision is crucial for an accurate representation of your financial status.
  4. Attach supporting documents as required. This might include pay stubs, tax returns, and bank statements to substantiate the figures you’ve entered.
  5. Check for mathematical errors. Double-check your calculations to avoid any mistakes that could misrepresent your financial situation.
  6. Consider consulting with a legal or financial advisor if you have questions about how to complete the form. Professional guidance can help ensure accuracy and completeness.
  7. Sign the affidavit in the presence of a notary public. Your signature must be notarized for the affidavit to be valid.

Don’t:

  • Leave any sections blank. If a section does not apply to you, indicate this with a “N/A” (Not Applicable) instead of leaving it empty.
  • Underestimate or overestimate values. Providing false information knowingly can lead to legal consequences.
  • Omit any sources of income or assets, as this could be considered fraudulent. It’s vital to disclose all financial resources and liabilities.
  • Ignore the instructions. The form includes specific directions for each section that can assist in filling it out correctly.
  • Rush through the process. Taking your time to carefully review and complete all parts of the affidavit can prevent errors and omissions.
  • Forget to update the affidavit if your financial situation changes significantly before your legal matter is resolved. Keep your information current to maintain its accuracy.
  • Use pencil or erasable ink. All entries should be made in permanent ink to ensure legibility and permanence.

Misconceptions

The Florida Financial Affidavit Short Form 12.902(b) is a document used in family law matters, including divorce and child support cases. However, several misconceptions surround its use and requirements. Understanding these misconceptions is crucial for anyone navigating through family legal matters in Florida.

  • Only for Low-Income Individuals: A common misconception is that the Short Form 12.902(b) is exclusively for individuals with low income. In reality, this form is designed for use by any individual whose annual gross income is $50,000 or less. It's not solely based on a low-income status but rather on meeting the specified income threshold.

  • Does Not Require Detailed Financial Information: Some may believe that because the form is a "short form," it does not necessitate detailed financial disclosure. This is incorrect; the form still requires comprehensive information about your income, assets, liabilities, and monthly expenses. The designation of "short" primarily refers to its comparison to the more detailed long form, intended for those with a higher income.

  • It’s Optional in Family Law Proceedings: There's a misconception that submitting this form is optional. However, in family law cases, such as divorce or child support proceedings, the submission of a financial affidavit, whether the short or long form depending on income, is mandatory. It plays a vital role in ensuring fair financial decisions are made by the court.

  • Completion Without Legal Review is Fine: Many individuals think that they can complete and submit the form without any legal review. While it's true that you can fill out and submit the form on your own, seeking legal advice is highly advisable. This ensures the form is completed accurately, reflecting your financial situation comprehensively. Mistakes or inaccuracies can significantly affect the outcome of your case.

  • Only Necessary at the Initial Stages of a Case: Another common misconception is that the Florida Financial Affidavit Short Form 12.902(b) is only necessary at the beginning of legal proceedings. However, financial situations can change, and the court may require updated affidavits at different stages of a case. Staying prepared to update and resubmit your financial affidavit as requested by the court is critical.

Dispelling these misconceptions is vital for anyone involved in family law matters in Florida. Understanding the importance and requirements of the Florida Financial Affidavit Short Form 12.902(b) can help ensure the legal process is navigated more smoothly and effectively.

Key takeaways

Filing the Florida Financial Affidavit Short Form 12.902(b) is a legal requirement in certain family law cases. Understanding how to accurately complete and use this document is crucial for individuals undergoing legal proceedings such as divorce or child support modifications. Below are key points to keep in mind when dealing with the Financial Affidavit Short Form.

  • Eligibility: The Short Form is designed for individuals with a gross annual income of $50,000 or less. For those earning more, the Long Form (12.902(c)) is appropriate.
  • Accuracy is crucial: Ensure that all information provided on the form is precise and truthful. Inaccuracies can lead to legal penalties, including perjury charges.
  • Income sources: All sources of income must be thoroughly documented. This includes wages, bonuses, commissions, dividends, and any other form of income received.
  • Monthly expenses: Accurately documenting monthly expenses is essential. This helps demonstrate financial needs and obligations, which can impact court decisions on alimony, child support, and other financial matters.
  • Assets and liabilities: The form requires a detailed list of all assets (e.g., bank accounts, property) and liabilities (e.g., loans, credit card debt). The court uses this information to make informed decisions regarding asset division and financial responsibilities.
  • Supporting documentation: It may be necessary to attach additional documentation to verify income, assets, and liabilities. This can include pay stubs, tax returns, bank statements, and other relevant financial documents.
  • Amendments: If financial circumstances change significantly after the form has been submitted, it is necessary to file an amended affidavit reflecting these changes.
  • Confidentiality concerns: While the form requires detailed financial information, certain personal details can remain confidential to protect privacy, in accordance with state laws and court rules.
  • Submission deadlines: Pay close attention to submission deadlines set by the court. Late submissions can delay proceedings and potentially harm the legal outcome.
  • Legal assistance: Considering the complexity of legal and financial documentation, seeking assistance from a legal professional is advised. They can ensure the form is filled out correctly and offer guidance tailored to individual circumstances.
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