Homepage Blank Financial Affidavit 12 902 C PDF Template
Outline

Navigating the waters of family law cases in Florida often involves a detailed accounting of one’s finances, and for those with an individual gross income of $50,000 or more annually, the Financial Affidavit (Long Form) 12.902(c) becomes a pivotal document. This comprehensive form, which should be filled out with meticulous attention to detail in black ink, acts as a testament to your financial situation, detailing income, expenditures, assets, and liabilities. It serves multiple purposes, from setting alimony and child support to dividing marital assets and debts. The requirement to file this affidavit applies unless the case is a simplified dissolution of marriage where financial affidavits are waived, there are no minor children or support issues at play, or the court cannot rule on financial matters. Once completed and notarized, the affidavit must be filed with the court and served on the opposing party, ensuring full financial disclosure. Converting weekly, bi-weekly, or different payment schedules into a monthly format is essential for the accuracy of this document. Additionally, it provides spaces to account for a variety of income sources and expenses, ensuring a comprehensive view of financial standing. Specific instructions are included for converting incomes and expenses to their monthly equivalents, ensuring clarity and uniformity in reporting. Furthermore, special considerations are made for those wishing to keep their address confidential due to being victims of certain crimes, showcasing the form’s adaptability to sensitive situations.

Form Example

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.902(c), FAMILY LAW FINANCIAL AFFIDAVIT (LONG 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 $50,000 OR MORE per year unless:

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

(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 then 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 for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long 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 for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long 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 (LONG FORM)

($50,000 or more Individual Gross Annual Income)

I, {full legal name}

 

, being sworn, certify

that the following information is true:

 

SECTION I. INCOME

1.My age is: ___________________

2.My occupation is: ________________________________________________________________

3.I am currently [Check all that apply]

a.____ Unemployed

Describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive: __________________________________________________________

____________________________________________________________________________

b.____ Employed by: ____________________________________________________________

Address: ____________________________________________________________________

City, State, Zip code: ________________________________ Telephone Number: _________

Pay rate: $ ______ ( ) every week ( ) every other week ( ) twice a month

( ) monthly ( ) other: ________________________________________________________

If you are expecting to become unemployed or change jobs soon, describe the change you expect and why and how it will affect your income: _________________________________

___________________________________________________________________________

___________________________________________________________________________.

____ Check here if you currently have more than one job. List the information above for the

second job(s) on a separate sheet and attach it to this affidavit.

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

c._____ Retired. Date of retirement: _______________________________________________

Employer from whom retired: ___________________________________________________

Address: _____________________________________________________________________

City, State, Zip code: _______________________________ Telephone Number: __________

L!ST YE!R’S GROSS INCOME:

Your Income

Other Party’s Income (if known)

YEAR_____

$ _______

$ _______

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 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 (Attach sheet itemizing each item and amount.)

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

Any other income of a recurring nature (identify source)

15._______________________________________________________________________________

16._______________________________________________________________________________

17.$_________ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1 through 16).

PRESENT MONTHLY DEDUCTIONS:

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly.

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

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

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).

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.

HOUSEHOLD:

1.$______ Monthly mortgage or rent payments

2._______ Monthly property taxes (if not included in mortgage)

3._______ Monthly insurance on residence (if not included in mortgage)

4._______ Monthly condominium maintenance fees and homeowner’s association fees

5._______ Monthly electricity

6._______ Monthly water, garbage, and sewer

7._______ Monthly telephone

8._______ Monthly fuel oil or natural gas

9._______ Monthly repairs and maintenance

10._______ Monthly lawn care

11._______ Monthly pool maintenance

12._______ Monthly pest control

13._______ Monthly misc. household

14._______ Monthly food and home supplies

15._______ Monthly meals outside home

16._______ Monthly cable t.v.

17._______ Monthly alarm service contract

18._______ Monthly service contracts on appliances

19._______ Monthly maid service

Other:

20.__________________________________________________________________________________

21.__________________________________________________________________________________

22.__________________________________________________________________________________

23.__________________________________________________________________________________

24.__________________________________________________________________________________

25.$_______ SUBTOTAL (add lines 1 through 24).

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

AUTOMOBILE:

26.$______ Monthly gasoline and oil

27._______ Monthly repairs

28._______ Monthly auto tags and emission testing

29._______ Monthly insurance

30._______ Monthly payments (lease or financing)

31._______ Monthly rental/replacements

32._______ Monthly alternative transportation (bus, rail, car pool, etc.)

33._______ Monthly tolls and parking

34._______ Other: _________________________________________________

35.$_______ SUBTOTAL (add lines 26 through 34)

MONTHLY EXPENSES FOR CHILDREN COMMON TO BOTH PARTIES:

36.$______ Monthly nursery, babysitting, or day care

37._______ Monthly school tuition

38._______ Monthly school supplies, books, and fees

39._______ Monthly after school activities

40._______ Monthly lunch money

41._______ Monthly private lessons or tutoring

42._______ Monthly allowances

43._______ Monthly clothing and uniforms

44._______ Monthly entertainment (movies, parties, etc.)

45._______ Monthly health insurance

46._______ Monthly medical, dental, prescriptions (nonreimbursed only)

47._______ Monthly psychiatric/psychological/counselor

48._______ Monthly orthodontic

49._______ Monthly vitamins

50._______ Monthly beauty parlor/barber shop

51._______ Monthly nonprescription medication

52._______ Monthly cosmetics, toiletries, and sundries

53._______ Monthly gifts from child(ren) to others (other children, relatives, teachers, etc.)

54._______ Monthly camp or summer activities

55._______ Monthly clubs (Boy/Girl Scouts, etc.)

56._______ Monthly time-sharing expenses

57._______ Monthly miscellaneous

58.$_______ SUBTOTAL (add lines 36 through 57)

MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP (other than court-ordered child support)

59.$________________________________________________________________________________

60.__________________________________________________________________________________

61.__________________________________________________________________________________

62.__________________________________________________________________________________

63.$_______ SUBTOTAL (add lines 59 through 62)

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

MONTHLY INSURANCE:

64.$______ Health insurance (if not listed on lines 23 or 45)

65._______ Life insurance

66._______ Dental insurance.

Other:

67.________________________________________________________________________________

68.________________________________________________________________________________

69.. $_______ SUBTOTAL (add lines 66 through 68, exclude lines 64 and 65)

OTHER MONTHLY EXPENSES NOT LISTED ABOVE:

70.$______ Monthly dry cleaning and laundry

71._______ Monthly clothing

72._______ Monthly medical, dental, and prescription (unreimbursed only)

73._______ Monthly psychiatric, psychological, or counselor (unreimbursed only)

74._______ Monthly non-prescription medications, cosmetics, toiletries, and sundries

75._______ Monthly grooming

76._______ Monthly gifts

77._______ Monthly pet expenses

78._______ Monthly club dues and membership

79._______ Monthly sports and hobbies

80._______ Monthly entertainment

81._______ Monthly periodicals/books/tapes/CDs

82._______ Monthly vacations

83._______ Monthly religious organizations

84._______ Monthly bank charges/credit card fees

85._______ Monthly education expenses

86.______ Other: (include any usual and customary expenses not otherwise mentioned in the items

listed above)______________________________________________________________

87.__________________________________________________________________________________

88.__________________________________________________________________________________

89.__________________________________________________________________________________

90. $_______ SUBTOTAL (add lines 70 through 89)

MONTHLY PAYMENTS TO CREDITORS: (only when payments are currently made by you on outstanding balances). List only last 4 digits of account numbers.

MONTHLY PAYMENT AND NAME OF CREDITOR(s):

91.$_________________________________________________________________________________

92.__________________________________________________________________________________

93.__________________________________________________________________________________

94.__________________________________________________________________________________

95.__________________________________________________________________________________

96.__________________________________________________________________________________

97.__________________________________________________________________________________

98.__________________________________________________________________________________

99.__________________________________________________________________________________

100.______________________________________________________________________________

101.______________________________________________________________________________

102.______________________________________________________________________________

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

103.______________________________________________________________________________

104. $_______ SUBTOTAL (add lines 91 through 103)

105. $_______TOTAL MONTHLY EXPENSES:

(add lines 25, 35, 58, 63, 69, 90, and 104 of Section II, Expenses)

SUMMARY

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

107. $_______ TOTAL MONTHLY EXPENSES (from line 105 above)

108. $_______ SURPLUS (If line 106 is more than line 107, subtract line 107 from line 106. This is the

amount of your surplus. Enter that amount here.)

109. ($______)(DEFICIT) (If line 107 is more than line 106, subtract line 106 from line 107. This is

the amount of your deficit. Enter that amount here.)

SECTION III. ASSETS AND LIABILITIES

A.ASSETS (This is where you list what you OWN.)

INSTRUCTIONS:

STEP 1: In column A, list a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item.

STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any item that you are requesting the judge award to you.

STEP 3: In column B, write what you believe to be the current fair market value of all items listed.

STEP 4: Use column C 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 belongs. (Typically, you will only use Column C if property was owned 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

 

B

 

C

 

 

ASSETS: DESCRIPTION OF ITEM(S)

Nonmarital

 

 

 

Current

 

 

LIST ONLY LAST FOUR DIGITS OF ACCOUNT NUMBERS.

 

Fair

 

(Check correct

 

 

Market

 

column)

 

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

 

Value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to you.

 

 

 

husband

wife

 

 

Cash (on hand)

$

 

 

 

 

 

Cash (in banks or credit unions)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stocks/Bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

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

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

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

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

Other assets:

Total Assets (add column B)

$

B.LIABILITIES/DEBTS (This is where you list what you OWE.)

INSTRUCTIONS:

STEP 1: In column A, list a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item.

STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any debt(s) for which you believe you should be responsible.

STEP 3: In column B, write what you believe to be the current amount owed for all items listed.

STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning the debt belongs to only one of you and should not be divided; You should indicate to whom you believe the debt belongs. (Typically, you will only use Column C if the debt was 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.)

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

Document Features

Fact Description
Usage This form is used in family law cases in Florida when an individual's gross income is $50,000 or more per year.
Exceptions It is not required if filing a simplified dissolution of marriage with waivers for financial affidavits, there are no minor children or support issues, or the court lacks jurisdiction over financial matters.
Submission The form must be typed or printed in black ink, signed before a notary or deputy clerk, and filed with the circuit court clerk.
Service on Other Party A copy must be served on the other party within 45 days of receiving the petition, if not served with the initial papers, in accordance with Florida Rule of Judicial Administration 2.516.
Governing Law It references the Florida Family Law Rule of Procedure 12.285 for further information.
Confidential Information Addresses should not be included for individuals who are victims of certain crimes; a Request for Confidential Filing of Address should be filed instead.
Income and Expenses Conversion Monthly income and expenses must be calculated even if paid on a different schedule, with instructions provided for conversion.
Nonlawyer Assistance If a nonlawyer helps in filling out the form, they must provide a Disclosure from Nonlawyer and include their contact information on the form.

How to Use Financial Affidavit 12 902 C

When dealing with a family law case that involves financial matters and your gross yearly income is $50,000 or more, it's required to fill out and file the Financial Affidavit 12.902(c) form. This document assures that all financial disclosures in your case are accurate and comprehensive. Filing this affidavit is a critical step in proceedings like divorce, child support, and alimony cases. It helps ensure fair financial settlements and support orders are established. Here is how to correctly complete the form:

  1. Print or type in black ink for clarity.
  2. Start by providing your full legal name where indicated.
  3. Section I: Income
    • Fill in your age and occupation.
    • Check the appropriate employment status box and fill in the requested information regarding your employment, including efforts to find employment if unemployed, or details of your retirement.
    • If you have more than one job, check the indicated box and attach a separate sheet with the same details for the second job.
  4. For calculating monthly income, convert any non-monthly income as instructed before entering amounts:
    • List your monthly gross salary, wages, bonuses, commission, business income, and any other income sources individually.
    • Add all income sources to calculate your total monthly gross income.
  5. Section II: Deductions
    • Detail your monthly deductions, including taxes, insurance payments, union dues, retirement payments, child support, or alimony paid to others.
    • Sum these to find your total allowable deductions, then subtract this from your monthly gross income to find your net monthly income.
  6. Section III: Monthly Expenses
    • List your average or estimated monthly expenses in detail. If uncertain, make an educated estimate and note it as such.
    • Add up these expenses to find your total monthly expenditures.
  7. Sign and date the form before a notary public or deputy clerk, confirming the accuracy of the information provided.
  8. File the original form with the clerk of the circuit court in the county where your case is pending and keep a copy for your records.
  9. Ensure a copy is served on the other party in your case within 45 days of being served with the petition, if not included in your initial papers. Follow Florida Rule of Judicial Administration 2.516 for serving procedures.

After completing these steps, you have taken an important step toward providing a clear picture of your financial situation in your family law case. This ensures the court has all necessary information to make informed decisions regarding financial matters in your case.

Listed Questions and Answers

What is the purpose of the Family Law Financial Affidavit (Long Form) 12.902(c)?

The Family Law Financial Affidit (Long Form) 12.902(c) is used in family law cases where a financial affidavit is required and the individual's gross annual income is $50,000 or more. It provides a comprehensive overview of an individual's financial situation, including income, expenses, assets, and liabilities. This form is necessary for the fair resolution of support issues, equitable distribution, and other financial matters in cases like divorce, child support, and alimony.

When is it appropriate to use this form?

This form should be used when your individual gross annual income is $50,000 or more, and you are involved in a family law case that requires financial disclosure. Exceptions include filing for a simplified dissolution of marriage where financial affidavits are waived, cases without minor children or support issues that have settled all financial matters through agreement, or when the court does not have jurisdiction over financial issues.

How should I complete this form?

The form should be typed or printed in black ink and completed with accurate monthly income and expense amounts. If your income or expenses are not regularly monthly, you’ll need to convert these figures to monthly amounts. Guidance for this conversion is provided within the form's instructions. Once filled out, the form must be signed before a notary public or deputy clerk, then filed with the clerk of the circuit court in the appropriate county.

What are the next steps after filling out the form?

After completing and signing the form, you must file the original with the clerk of the circuit court where your case is being handled. Additionally, a copy of this affidavit must be served to the other party in your case within 45 days of being served with the petition, unless it was already served with the initial paperwork. Remember, service must comply with the Florida Rule of Judicial Administration 2.516.

What if I need to keep my address confidential?

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

Are there any special notes I should be aware of?

It's crucial to accurately convert your income and expenses to monthly amounts if they do not inherently come in a monthly format. Additionally, if anyone other than an attorney assists you with filling out this form, they must provide you with a copy of the Disclosure from Nonlawyer form and include their contact information on the form. Your address should be kept confidential if you are a victim of certain crimes, by not listing it and filing the appropriate form for address confidentiality.

Where can I find more information?

For more guidance, you are encouraged to read the "General Information for Self-Represented Litigants" available at the beginning of the form packet. Definitions of terms in bold underline within the instructions are also provided there. For additional information, refer to the Florida Family Law Rule of Procedure 12.285.

Can I get help if I’m not sure how to fill out the form?

Yes, assistance may come from a nonlawyer who must follow specific rules, such as giving you a Disclosure from Nonlawyer form before helping you. Nonetheless, for accurate legal advice and thorough guidance, consulting with a legal professional is recommended. Nonlawyers can help fill out forms but cannot provide legal advice.

Common mistakes

Filling out the Financial Affidavit Form 12.902(c) can be tricky. Many individuals, while navigating through this process, encounter common pitfalls. Highlighting these mistakes can help others avoid them:

  1. Not accurately converting income and expenses to their monthly equivalents. Many people overlook the formula provided for conversions, leading to incorrect figures.
  2. Failing to list all sources of income, such as bonuses, commissions, or business income. This omission can significantly alter the affidavit's accuracy.
  3. Underestimating or overestimating expenses. This misleading information can affect negotiations or court decisions.
  4. Forgetting to attach additional sheets for detailed explanations when necessary. This information is crucial for full disclosure.
  5. Omitting information about expected changes in employment or income. Future financial prospects are relevant to the case at hand.
  6. Incorrectly calculating deductions. This mistake can lead to a misrepresented net income.
  7. Leaving sections blank instead of indicating N/A (not applicable) where appropriate. Blank sections can be misinterpreted as overlooked areas.
  8. Not updating the affidavit with current information. Financial situations can change, necessitating timely updates.
  9. Submitting the document without reviewing it with a legal professional or not seeking legal advice when unsure. Misinterpretation of legal documents can have lasting consequences.

Avoiding these mistakes requires attention to detail and an understanding that accuracy in this affidavit is paramount. Each piece of information contributes to the overall picture of your financial situation.

Documents used along the form

When navigating the terrain of family law, especially in matters that involve significant financial decisions, the Financial Affidavit (Form 12.902(c)) serves as a critical piece of documentation for those with an annual gross income of $50,000 or more. However, to paint a complete financial picture, this affidavit frequently doesn't stand alone. Several additional forms and documents complement it, ensuring that the court has a thorough understanding of an individual's financial standing.

  • Marital Settlement Agreement: This is a comprehensive agreement between spouses that outlines the division of assets, debts, alimony, and other financial matters. It's often attached to show the agreed-upon financial terms in divorce proceedings.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: Required in cases involving child custody, this form provides information about the child's current and past residences, thereby aiding in jurisdictional determinations and enforcement of custody orders.
  • Child Support Guidelines Worksheet: In cases where child support is an issue, this worksheet calculates the support obligation based on the parents' incomes, the child's health care and day care costs, and time-sharing arrangements.
  • Request for Confidential Filing of Address Form 12.980(h): For those seeking to keep their address confidential for safety reasons, this request form accompanies the financial affidavit in instances of domestic violence or other forms of harassment.
  • Proof of Income: Pay stubs, tax returns, and employment verification letters are often attached to substantiate the income declared in the Financial Affidavit.
  • Disclosure from Nonlawyer Form 12.900(a): If a nonlawyer assists in filling out the form, this disclosure is necessary to identify the nonlawyer and acknowledge their assistance, in compliance with legal requirements.
  • Notice of Social Security Number: Required in family law cases, this form provides the court with the parties' social security numbers, which are crucial for identity verification and processing child support orders.
  • Parenting Plan: In cases involving minor children, a parenting plan outlines custody arrangements, visitation schedules, and decision-making authority. Though primarily addressing the child's welfare, it often has financial implications, such as transportation costs for visitation.

For individuals navigating family law proceedings, understanding these forms and their purposes is crucial. Together, they provide a framework for addressing the financial intricacies of divorce, child support, and custody matters comprehensively.

Similar forms

The Financial Affidavit 12 902 C form is similar to other legal forms that are used in family law proceedings. These documents share parallels in purpose, structure, and the information they gather. Some of these include the Uniform Financial Statement used in some states for divorce proceedings, the Short Form Financial Affidavit, and the Child Support Guidelines Worksheet. Each of these documents plays a unique role in the legal process, yet they intersect in their goal to transparently communicate financial positions.

The Uniform Financial Statement, like the Financial Affidavit 12 902 C form, is designed to provide a comprehensive view of an individual's financial situation in family law cases. It typically collects detailed information regarding income, expenses, assets, and liabilities. This form is often required in divorce proceedings to ensure equitable division of assets and determination of alimony or child support. Its detailed nature allows for a thorough examination of one's financial health, similar to the Financial Affidavit 12 902 C form, which requires breakdowns of monthly income and deductions as well as average monthly expenses.

The Short Form Financial Affidavit serves a somewhat similar purpose but is streamlined for cases where individual gross income is below a certain threshold, often set at $50,000 annually. While it gathers similar information regarding income, expenses, and liabilities, it is designed for simpler situations without the need for in-depth analysis required for higher income cases. The distinction between the Long Form (12 902 C) and the Short Form highlights the Florida court system's effort to tailor financial disclosure requirements to the complexity of one's financial situation.

The Child Support Guidelines Worksheet, another pivotal document in family law, directly interacts with the information provided in the Financial Affidavit 12 902 C. This form is used to calculate child support obligations in accordance with state guidelines. It bases its calculations on the parents' incomes, healthcare costs for the child, and other relevant financial information. The accuracy of the Child Support Guidelines Worksheet depends heavily on the thoroughness of the financial affidavits filed by both parents, showcasing the interconnected nature of these legal forms.

Dos and Don'ts

Filling out the Financial Affidavit 12 902 C form is a crucial step in certain family law cases in Florida, especially when your gross income is $50,000 or more per year. To help navigate this process effectively, here are some dos and don'ts:

  • Do:

    Ensure that all information is accurate and truthful. Misrepresenting your financial status can have serious legal consequences.

  • Do:

    Convert all your income and expenses to monthly amounts, even if they are initially in other intervals, following the guidelines provided in the form's instructions.

  • Do:

    Print or type in black ink to ensure that all information is legible and can be clearly understood by the court and other parties involved.

  • Do:

    Check and double-check your arithmetic, especially when adding up totals or converting income and expenses to monthly figures.

  • Do:

    Sign the form in front of a notary public or deputy clerk to authenticate the document.

  • Do:

    Include all sources of income, ensuring nothing is overlooked, from wages to rental income to any government benefits received.

  • Do:

    Attach additional sheets if the space provided is insufficient, clearly marking what section and line item they correspond to.

  • Do:

    Keep a copy for your records after filing the original with the clerk of the circuit court in the county where the petition was filed.

  • Do:

    File a Request for Confidential Filing of Address, if applicable, to protect your privacy in cases of violence or abuse.

  • Do:

    Provide a copy to the other party in your case within the mandated time frame if not served with the initial papers.

  • Don't:

    Leave any sections blank. If a section does not apply, clearly mark it as “N/A” (Not Applicable).

  • Don't:

    Estimate or guess amounts. Use actual figures and convert them to monthly amounts as accurately as possible.

  • Don't:

    Forget to list all debts and monthly expenses, as omitting information can lead to issues or disputes down the line.

  • Don't:

    Ignore the requirement to adjust figures for monthly calculations, as failing to do so can misrepresent your financial situation.

  • Don't:

    File without reviewing the form for completeness and accuracy, as mistakes can delay the process.

  • Don't:

    Submit the form without signing it in front of an authorized official, as an unsigned form may be considered invalid.

  • Don't:

    Use correction fluid or make messy corrections. If you make a mistake, it's best to start over with a new form to ensure clarity.

  • Don't:

    Disregard the instructions or the conversion hints provided, as they are designed to aid in the accurate completion of the form.

  • Don't:

    Ignore the need to serve the form on the other party if required, as failure to do so can impact your case.

  • Don't:

    Hesitate to seek help from a legal professional if you have questions or concerns about completing the form accurately.

Misconceptions

When dealing with complex legal documents, misunderstandings can complicate already challenging situations. The Financial Affidavit Form 12.902(c) is no exception. Several misconceptions surround this pivotal document in Florida family law cases. Clarification of these misunderstandings can streamline the legal process for all parties involved.

  • Misconception 1: The affidavit is only necessary if you have children.
    Many believe that the requirement to complete a Financial Affidavit Form 12.902(c) applies only to those with minor children. However, this form is crucial for a broad array of family law cases beyond those involving children. It is required whenever individual gross income exceeds $50,000 annually, regardless of having children, to provide a clear picture of one's financial standing.
  • Misconception 2: You only need to disclose your monthly income.
    While the form emphasizes monthly income figures, it's a common error to think that's all there is to it. In reality, the affidavit requires a comprehensive disclosure of all financial aspects, including expenses, debts, assets, and liabilities. The objective is to ensure transparency between parties and assist the court in making informed decisions.
  • Misconception 3: It’s unnecessary to fill out the form accurately if you’re expecting changes to your financial situation.
    Some individuals may underestimate the importance of accuracy, thinking pending job changes or fluctuating income levels justify incomplete or estimative information. Contrary to this belief, the affidavit demands precise and current financial details, regardless of impending changes. Future modifications to one's financial situation can be addressed through subsequent legal filings.
  • Misconception 4: Only a lawyer can assist in completing the form.
    There's a frequent assumption that professional legal assistance is mandatory for filling out Form 12.902(c). While legal advice can be invaluable, especially in complex cases, individuals also have the option of completing the form themselves or with the help of a nonlawyer. However, nonlawyers providing assistance must comply with specific regulations, including providing a disclosure and their contact information on the document.

Dispelling these misconceptions about the Financial Affidavit Form 12.902(c) can significantly aid parties involved in family law proceedings. A thorough understanding and correct application of this form's requirements ensures a smoother legal process, facilitating fair and equitable outcomes.

Key takeaways

The Financial Affidavit 12.902(c) form is crucial for cases in family law in Florida where an individual's gross income is $50,000 or more annually, with specified exceptions. Understanding the key takeaways can help ensure the form is filled out and used correctly.

  • The form is mandatory in family law cases such as divorce, child support, and alimony where the individual's gross annual income exceeds $50,000 unless exceptions apply.
  • Exemptions from filing the financial affidavit include filing for a simplified dissolution of marriage without financial affidavits, no minor children or support issues with a settlement agreement on financial matters, or cases where the court cannot determine financial issues.
  • Information should be filled out in black ink, and the completed form must be signed before a notary public or deputy clerk.
  • After completion, the original form must be filed with the clerk of the circuit court where the petition was filed, and a copy should be kept for personal records.
  • The form should be served to the other party within 45 days of being served with the petition unless it is included with the initial paperwork. Serving the form must adhere to the Florida Rule of Judicial Administration 2.516.
  • Monthly income and expense amounts are required on the affidavit. For incomes or bills not paid monthly, conversions are necessary to reflect monthly amounts.
  • The affidavit encompasses detailed descriptions of income sources, deductions allowable under Section 61.30 of the Florida Statutes, and average monthly expenses, which need careful calculation and could necessitate attaching additional sheets for proper documentation.
  • If assistance is provided by a nonlawyer in filling out the form, a Disclosure from Nonlawyer form must be given to the person completing the affidavit, and the nonlawyer must include their contact information on the last page of the form.

For those requesting confidentiality due to being victims of certain crimes, they should not include address, telephone, and fax information on the form but instead file a Request for Confidential Filing of Address.

Detailed instructions accompany the form for converting various forms of income (such as hourly, daily, weekly, bi-weekly, and semi-monthly) to monthly amounts, a critical step for accurately reporting financial status.

Ensuring accuracy and completeness when filling out the Financial Affidavit 12.902(c) is essential for the parties involved in family law cases to adequately present their financial circumstances to the court.

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