Blank Florida Financial Affidavit Short 12.902(b) PDF Template
In the labyrinth of legal documents and filings, the Florida Financial Affidavit Short Form 12.902(b) stands out as a crucial piece of paperwork for individuals undergoing divorce or other family law matters where financial disclosure is required. Designed for individuals with an annual income of less than $50,000, this succinct form serves as a comprehensive financial statement, capturing an individual's income, expenses, assets, and liabilities. Its objective is straightforward yet essential: to ensure an equitable distribution of finances and responsibilities between parties. Completing this form accurately is vital, not only for the fulfillment of legal obligations but also for the protection of one’s financial interests. The information provided therein plays a pivotal role in the determination of alimony, child support, and the division of marital assets. Therefore, understanding the nuances and the significance of accurately completing the Florida Financial Affidavit Short Form 12.902(b) can be a key element in navigating the complexities of family law proceedings smoothly and effectively.
Form Example
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
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 |
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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 |
x |
26 |
= |
Yearly amount |
|
Yearly amount |
÷ |
12 Months per year |
= |
Monthly Amount |
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 |
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JUDICIAL CIRCUIT, |
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IN AND FOR |
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COUNTY, FLORIDA |
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Case No.: ______________________ |
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Division: _______________________ |
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Petitioner, |
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and |
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Respondent. |
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FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)
(Under $50,000 Individual Gross Annual Income)
I, {full legal name} |
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, being sworn, certify that the following |
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information is true: |
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My Occupation: |
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Employed by: ___________________________ |
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Business Address: ________________________________________________________________ |
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Pay rate: $ |
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( ) every week ( |
) every other week ( ) twice a month ( ) monthly |
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( ) other: ____________ |
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___ 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
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
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
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
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
25._______Monthly
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: |
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Mortgage or rent |
$ _______ |
Property taxes |
$_______ |
Utilities |
$_______ |
Telephone |
$ _______ |
Food |
$ _______ |
Meals outside home |
$_______ |
Maintenance/Repairs |
$ _______ |
Other: __________ |
$_______ |
B. AUTOMOBILE |
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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) |
$ _______ |
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Child(ren)’s medical/dental |
$ _______ |
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Life |
$ _______ |
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Other: |
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$ _______ |
E. OTHER EXPENSES NOT LISTED ABOVE
Clothing |
$ _______ |
Medical/Dental (uninsured) |
$_______ |
Grooming |
$ _______ |
Entertainment |
$_______ |
Gifts |
$_______ |
Religious organizations |
$_______ |
Miscellaneous |
$_______ |
Other: ______________ |
$ _______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
F. PAYMENTS TO CREDITORS |
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CREDITOR: |
MONTHLY |
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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
A. ASSETS:
DESCRIPTION OF ITEM(S). List a description of each separate item |
Current |
Nonmarital |
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owned by you (and/or your spouse, if this is a petition for dissolution |
(check correct |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
Fair |
column) |
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the line next to any asset(s) which you are requesting the judge |
Market |
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award to you. |
Value |
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husband |
wife |
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Cash (on hand) |
$ |
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Cash (in banks or credit unions) |
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Stocks, Bonds, Notes |
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Real estate: (Home) |
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(Other) |
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Automobiles |
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Other personal property |
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Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) |
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Other |
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____Check here if additional pages are attached. |
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Total Assets (add next column) |
$ |
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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 |
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(check correct |
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owed by you (and/or your spouse, if this is a petition for dissolution |
Amount |
column) |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
Owed |
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the line next to any debt(s) for which you believe you should be |
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responsible. |
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husband |
wife |
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Mortgages on real estate: First mortgage on home |
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Second mortgage on home |
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Other mortgages |
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Auto loans |
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Charge/credit card accounts |
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Other |
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____Check here if additional pages are attached. |
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Total Debts (add next column) |
$ |
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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.
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Contingent Assets |
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Nonmarital |
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(check correct |
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Check the line next to any contingent asset(s) which you are requesting the |
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column) |
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judge award to you. |
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husband |
wife |
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$ |
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Total Contingent Assets |
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Contingent Liabilities |
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Nonmarital |
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Possible |
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Check the line next to any contingent debt(s) for which you believe you |
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column) |
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should be responsible. |
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Owed |
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husband |
wife |
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$ |
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Total Contingent Liabilities |
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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]: ( )
( ) hand delivered to the person(s) listed below on {date} ________________________________.
Other party or his/her attorney:
Name: _____________________________
Address: ____________________________
City, State, Zip: _______________________
Fax Number: _________________________
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: ________________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on |
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by |
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________________________________ |
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NOTARY PUBLIC or DEPUTY CLERK |
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________________________________ |
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[Print, type, or stamp commissioned |
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name of notary or deputy clerk.] |
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____ Personally known |
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____ Produced identification |
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Type of identification produced |
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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 |
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This form was completed with the assistance of: |
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{name of individual} |
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{name of business} ___________________________________________________________________, |
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{address} |
________________________________, |
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{city} |
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________,{state} ________ {telephone number} |
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Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)
Document Features
| Fact | Description |
|---|---|
| 1. Purpose | The Florida Financial Affidavit Short Form 12.902(b) is designed to provide an overview of an individual's financial status in family law cases, particularly those involving child support, alimony, division of marital property, and other financial matters. |
| 2. Applicability | This form is meant for use by individuals with an annual gross income of $50,000 or less. For those with incomes above this threshold, a more detailed Long Form, 12.902(c), is required. |
| 3. Mandatory Submission | In most family law cases in Florida, parties are required to complete and exchange financial affidavits. This requirement ensures transparency and fairness in the resolution of financial issues. |
| 4. Content Overview | The affidavit covers various financial aspects, including income, deductions, assets, and liabilities. It requires detailed information to accurately portray the party's financial situation. |
| 5. Verification of Information | All information provided in the form must be accurate and truthful. Parties are under oath, and providing false information can lead to penalties, including fines and imprisonment for perjury. |
| 6. Periodic Updating | Depending on the case's duration and changing financial circumstances, updates to the affidavit may be requested by the court or the opposing party to ensure current information is being considered. |
| 7. Governing Law | Florida Family Law Rules of Procedure govern the use and requirements of the Form 12.902(b). These laws outline the procedural aspects of family law matters in the state of Florida. |
| 8. Filing with the Court | The completed form must be filed with the court and served on the opposing party. This process is crucial for the formal consideration of financial matters in the case. |
| 9. Accessibility | The form is available for public download from the Florida Courts' website, ensuring that individuals can easily access and comply with this requirement without needing legal assistance to obtain the form. |
How to Use Florida Financial Affidavit Short 12.902(b)
After initiating or responding to a legal action involving child support, alimony, or the division of property in Florida, completing the Florida Financial Affidform Short Form 12.902(b) is a critical next step. This document requires a comprehensive disclosure of your financial situation. Accurate and thorough completion is essential for ensuring a fair and expedited process. The form might seem complex, but by following these step-by-step instructions, individuals can confidently navigate the requirements and contribute to a smoother legal proceeding.
- Begin by downloading the latest version of the form from the official website of the Florida Courts to ensure you're using the most current document.
- Section 1 concerns your personal information. Fill in your full legal name, current mailing address, and contact details including your email address and phone number.
- In Section 2, titled "Income," accurately report your gross (total) income from all sources. This includes wages, bonuses, commissions, allowances, overtime, tips, and any other form of compensation.
- Document your deductions in Section 3. Include federal, state, and local income tax, health care premiums, mandatory union dues, mandatory retirement payments, and Social Security or Medicare under this section.
- Section 4 requires you to detail your assets. List all bank accounts with current balances, real estate properties, vehicles, and other significant assets. Be specific about location and descriptions, especially for real property.
- Complete the liabilities section (Section 5) by listing all current debts and obligations. This includes mortgages, car loans, credit card debts, and any other liabilities, specifying creditor names, balance owed, and monthly payment amounts.
- In Section 6, calculate your net monthly income by subtracting your monthly deductions (Section 3) from your total gross monthly income (Section 2).
- Estimate your monthly expenses in Section 7. Be honest and as accurate as possible about household, transportation, personal, and children-related expenses.
- Finally, review the form to ensure all information is complete and accurate. Sign and date the affidavit. Your signature will need to be notarized, so do not sign until you are in the presence of a notary public.
- Submit the completed form as directed by your legal counsel or the court's instructions. Keep a copy for your records.
Filling out the Florida Financial Affidavit Short Form 12.902(b) with accuracy and diligence is essential for the legal process. It allows all parties involved to have a clear understanding of the financial aspects of the case. This form plays a pivotal role in negotiations and court proceedings related to financial matters in family law cases. By carefully following these steps, you can contribute to a more efficient and equitable resolution of your legal matters.
Listed Questions and Answers
What is the Florida Financial Affidavit Short Form 12.902(b)?
The Florida Financial Affidavit Short Form 12.902(b) is a legal document that individuals involved in certain family law cases must complete if their annual gross income is under $50,000. This affidavit provides a detailed account of one's financial status, including income, assets, liabilities, and expenses. Courts use this information to make informed decisions regarding alimony, child support, and the division of marital property.
Who needs to fill out the Florida Financial Affidavit Short Form 12.902(b)?
Individuals going through family law proceedings such as divorce, child custody, or support cases, and who have an annual gross income of less than $50,000, are required to fill out this form. It's essential for ensuring fair financial decisions by the court.
What information do I need to provide in Form 12.902(b)?
The form requires a comprehensive overview of your financial situation, including, but not limited to:
- Monthly income from all sources
- Monthly deductions, including taxes and retirement contributions
- Assets, including bank accounts, real estate, and personal property
- Liabilities and debts, such as mortgages, loans, and credit card balances
- Monthly expenses, broken down into categories like housing, food, and transportation
How is the Florida Financial Affidavit Short Form 12.902(b) filed?
This document must be completed with accuracy and filed with the court handling your case. Additionally, a copy needs to be provided to the other party involved in the legal proceedings. The specific filing requirements, including deadlines, can vary by court, so it's advised to consult with a legal professional or the court clerk for guidance.
Can I amend the Financial Affidavit if my financial situation changes?
Yes, amendments to the Florida Financial Affidavit Short Form 12.902(b) are allowed if your financial situation undergoes significant changes. To do so, you must complete a new form reflecting your current financial status and file it with the court. Promptly updating your financial information ensures that all decisions made by the court are based on the most accurate and up-to-date information.
What are the consequences of providing false information on Form 12.902(b)?
Submitting false information on the Florida Financial Affidavit Short Form 12.902(b) is considered perjury, a criminal offense. It can lead to severe legal repercussions, including fines and imprisonment. Moreover, it can significantly impact the outcome of your case, such as the allocation of assets, debt responsibilities, and support obligations. It's imperative to provide truthful and accurate information.
Where can I find assistance with completing Form 12.902(b)?
Assistance with completing the form can be found in several places:
- Legal aid services often offer free or low-cost assistance for those who qualify based on their income.
- Family law attorneys can provide personalized guidance and ensure the form is filled out correctly.
- Some courts offer workshops or clinics to help individuals understand the requirements of the form.
- Online resources, including the court’s website, may offer instructions and FAQs that can help clarify the process.
Common mistakes
The Florida Financial Affidavit Short Form 12.902(b) is a crucial document required in family law disputes, including divorce and child support cases. It provides a snapshot of a person's financial situation. Unfortunately, errors in completing this form can lead to complications in the legal process. Here are five common mistakes people make:
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Not accurately listing all sources of income: Individuals often overlook or unintentionally omit some sources of income such as bonuses, commissions, dividends, or income from rental properties. This can lead to an inaccurate representation of financial status.
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Forgetting to include all expenses: It's crucial to list all monthly expenses accurately. Missing out on significant expenses or underestimating costs can affect financial assessments and outcomes.
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Failing to disclose all assets and liabilities: All assets, including bank accounts, real estate, vehicles, and investments, must be disclosed. Similarly, all liabilities, such as loans, credit card debts, and mortgages, should be listed. Incomplete disclosure can result in legal penalties.
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Using estimates instead of actual figures: While it might be tempting to use rough estimates, providing exact numbers wherever possible is essential. Estimates can lead to discrepancies and might require corrections later, delaying the process.
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Not updating the form when necessary: Financial situations can change. It is important to update the affidavit to reflect the current financial status accurately. Failing to do so can result in decisions based on outdated information.
In conclusion, the importance of accurately completing the Florida Financial Affidavit Short Form 12.902(b) cannot be overstated. It requires careful attention to detail and an honest assessment of one's financial situation. Avoiding these common mistakes can help streamline the legal process and ensure a fairer outcome for all parties involved.
Documents used along the form
When navigating through the nuances of family law in Florida, particularly in cases like divorce, child support, and alimony, the Florida Financial Affidavit Short Form 12.902(b) serves as a critical document. This affidavit provides the court a snapshot of your current financial situation, making it a foundation piece in numerous legal proceedings. However, it's rarely the only document needed. To fully understand and prepare for the legal journey ahead, acquainting yourself with associated forms and documents is essential. Here's a brief overview of other documents that often accompany the Florida Financial Affidavit Short Form 12.902(b) in various legal scenarios.
- Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren) Form 12.902(f)(2): This agreement lays out the terms agreed upon by both parties regarding the division of assets, debts, and other matters in a divorce without dependent or minor children involved.
- Parenting Plan Form 12.995(a) or (b): In cases involving children, a parenting plan outlines how parents will share and divide responsibilities for raising their children, including time-sharing schedules.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit Form 12.902(d): This affidavit provides the court with information regarding the child's residence and custody history, crucial for jurisdictional purposes in child custody cases.
- Child Support Guidelines Worksheet Form 12.902(e): When child support is at issue, this worksheet helps calculate the support amount in accordance with Florida statutes, based on parents' income, healthcare, and childcare costs.
- Notice of Social Security Number Form 12.902(j): This form requires parties in family law cases to disclose their social security numbers to the court, a mandatory step for case processing.
- Financial Affidavit Long Form 12.902(c): For individuals with a higher annual income, the long form of the financial affidavit provides a more detailed account of financial status.
- Motion for Temporary Support Form 12.947(a): If temporary financial support for a spouse or children is needed during legal proceedings, this motion requests that support from the court.
- Family Law Interrogatories for Original or Enforcement Proceedings Form 12.930(b): These are a set of questions served from one party to another to gather detailed information regarding financial and other relevant matters.
- Domestic Violence Injunction Petitions: For individuals experiencing domestic violence, filing a petition for protection against domestic violence can provide legal safeguards for themselves and their children.
Together, these documents and forms create a comprehensive toolkit for addressing the varied and complex issues that can arise in family law proceedings. Understanding each document’s purpose and how it complements the Florida Financial Affidavit Short Form 12.902(b) is key to navigating your case with confidence. Remember, properly preparing and presenting your financial and personal situation through these documents can significantly impact the outcome of your legal matter.
Similar forms
The Florida Financial Affidavit Short Form 12.902(b) is similar to other documents used within the legal and financial systems to disclose personal financial information. Such documents are pivotal in proceedings where a comprehensive understanding of an individual's financial situation is crucial. This includes processes like divorce settlements, where assets and liabilities need to be allocated fairly between parties. These forms require detailed financial information, including income, expenses, assets, and liabilities, providing a clear picture of someone's financial health.
IRS Form 1040 serves as a foundational comparison to the Florida Financial Affidiffit Short Form 12.902(b). IRS Form 1040 is the standard U.S. individual income tax return used to report an individual's annual income to the federal government. Both documents require detailed financial information from the individual, including sources of income, deductions, and credits claimed. However, while IRS Form 1040 focuses on income and tax calculations for the purpose of tax filing, Form 12.902(b) emphasizes a broader scope of financial information for legal purposes, including monthly expenses and a detailed list of assets and liabilities.
Uniform Financial Affidavit is another document sharing fundamental similarities with the Florida Financial Affidavit Short Form 12.902(b). Used in several states for family law matters, this affidavit requires individuals to disclose a wide range of financial information. Like Form 12.902(b), it includes sections for reporting monthly income, expenses, assets, and liabilities. The key purpose of both documents is to ensure financial transparency in legal proceedings, allowing for an equitable distribution of assets or calculation of alimony and child support. The main difference lies in their jurisdictional use; while the Uniform Financial Affidavit may be accepted in multiple states, Form 12.902(b) is specific to Florida.
Loan Application Forms also resemble the Florida Financial Affidavit Short Form 12.902(b) in their requirement for detailed financial information. When applying for a loan, individuals must provide extensive disclosures about their income, debts, assets, and liabilities to assess their creditworthiness. Similar to Form 12.902(b), these application forms aim to paint a comprehensive picture of the applicant’s financial stance. The critical distinction is their intended use; loan applications are designed for financial institutions to evaluate the risk of lending, whereas Form 12.902(b) is used in legal contexts to inform equitable decisions related to family law matters.
Dos and Don'ts
Filling out the Florida Financial Affidavit Short Form 12.902(b) is a critical step in many family law cases, including divorce and child support modifications. This document provides a snapshot of your financial situation and is used to determine alimony, child support, and the division of assets and debts. To ensure accuracy and avoid potential legal issues, here are some dos and don'ts to consider when completing this form.
Do:
- Verify all your financial information before you start. It's important to gather and confirm all your financial data, including income, expenses, assets, and liabilities, to ensure the affidavit reflects your current financial situation accurately.
- Be honest and complete in your disclosures. Underreporting income or overreporting expenses can lead to legal complications, including penalties for perjury. Ensure every field is filled out truthfully to the best of your knowledge.
- Use additional sheets if necessary. If the space provided in the form is insufficient to detail an item, attach additional sheets with the required information, making sure to label each attachment appropriately and reference it in the form.
- Review and update your affidavit as needed. Financial situations can change, and it's essential to inform your attorney or the court of significant changes, especially if they could impact child support or other financial determinations.
Don't:
- Guess or estimate figures. Ensure that you provide accurate numbers for all financial data. Estimates can result in inaccuracies that may unfavorably affect your case. If exact figures aren't available, make the effort to get as close as possible and note that the figure is an estimate.
- Leave sections blank. If a particular section does not apply to you, write “N/A” (not applicable) instead of leaving it blank. This shows that you did not overlook the section, but rather it did not pertain to your situation.
- Forget to sign and date the form. An unsigned or undated form may not be accepted by the court, potentially delaying your case. The signature certifies that you have provided true and complete information to the best of your knowledge.
- Ignore the need for supporting documents. Often, you'll need to attach proof of income, assets, debts, and expenses. Failing to provide these documents can lead to disputes over the figures presented and delay the resolution of your case.
Misconceptions
The Florida Financial Affidavit Short Form 12.902(b) is a crucial document in family law cases, especially those involving divorce or child support. Despite its importance, there are several misconceptions surrounding its use and requirements. Understanding these misconceptions can help parties involved better prepare and present their financial information accurately.
- Misconception 1: The form is only required in divorce proceedings.
While it's commonly used in divorce cases, the Florida Financial Affidiot Short Form 12.902(b) is also required in other family law matters, including child support modifications and paternity cases. Its relevance extends beyond the dissolution of marriage, serving as a tool to assess financial standings in various legal family matters. - Misconception 2: All parties must use the same version of the form.
There are two versions of the Florida Financial Affidavit: the Short Form 12.902(b) for individuals with a gross annual income of $50,000 or less, and the Long Form 12.902(c) for those earning more than $50,000. The applicable form depends on the individual's income level, not a standard version for all cases. - Misconception 3: Estimated expenses are not accepted.
In reality, while the form does require detailed financial information, it is understood that some amounts, such as future expenses or fluctuating bills, may have to be estimated. The key is to ensure these estimates are reasonable and based on actual historical data wherever possible. - Misconception 4: Only current income and expenses are relevant.
The affidavit is meant to give a comprehensive picture of both parties' finances. This includes not just current income and expenses, but also assets and liabilities. Completing the form accurately necessitates including information about bank accounts, property, debts, and any other financial obligations or resources. - Misconception 5: Personal property of minimal value must be listed.
While the form requires disclosure of assets, it focuses on those of significant value. Personal items with minimal value, such as clothing or small household items, typically do not need to be itemized unless they hold exceptional value. The purpose is to capture significant assets that could impact the financial resolution of the case. - Misconception 6: The form is only filed with the court.
The completed Florida Financial Affidavit Short Form 12.902(b) must be served to the other party involved in the case, in addition to being filed with the court. This dual requirement ensures transparency between the parties regarding financial circumstances, fostering a more informed and equitable legal process.
Key takeaways
The Florida Financial Affidavit Short Form 12.902(b) is a document used in family law cases to provide a snapshot of a person's financial situation. It is crucial in cases involving child support, alimony, division of property, and in other situations where a party's income and expenses are relevant. Understanding how to accurately complete and use this form is essential for anyone going through legal procedures in Florida. Here are six key takeaways about filling out and utilizing this form effectively:
- Eligibility: The Short Form is intended for individuals who have an annual gross income of $50,000 or less. If your annual income exceeds this amount, you will need to complete the Long Form 12.902(c).
- Accuracy is crucial: When filling out the form, it’s important to be as accurate as possible. This includes providing detailed information about your monthly income and expenses, assets, and liabilities. Incorrect or incomplete information can lead to delays in your case or even penalties.
- Supporting documentation: You may need to attach supporting documents to your affidavit, such as pay stubs, tax returns, and bills, to verify the information provided. This documentation should be organized and readily available upon request.
- Amendments: If there are significant changes to your financial situation after you've submitted the form, it is necessary to amend the affidavit with the updated information. Failure to do so can affect the outcome of your case.
- Confidentiality: Financial affidavits are part of the public record. However, sensitive information such as social security numbers should be redacted to protect your privacy.
- Legal advice: Considering the complexities and implications of the form, consulting with a legal professional before submission can provide valuable guidance and ensure that your interests are adequately represented.
Properly completing the Florida Financial Affidavit Short Form 12.902(b) plays a pivotal role in family law proceedings. By understanding these key aspects, individuals can navigate the process more smoothly and effectively advocate for their financial interests in court.
Common PDF Documents
Florida Family Law Financial Affidavit - Completing the Financial Affidavit is a critical step for anyone facing federal charges and experiencing financial hardship.
Family Law Financial Affidavit Short Form Florida - This form helps to transparently disclose one's financial standing in situations like divorce or child support cases.
Dl-90b - Allows for the attestation of required additional driving practice, including nighttime hours, as per Texas regulations.