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In the state of Florida, navigating the waters of legal financial disclosures can seem daunting, particularly in the context of family law disputes such as divorce or child support. However, among the multitude of forms and documents, the Florida Financial Affidavit Short Form 12.902(b) serves as a vital tool designed to streamline this often complex process. This form is specifically tailored for individuals with an annual gross income of $50,000 or less, providing a simplified framework for disclosing one's financial status. The heart of the document lies in its ability to offer a comprehensive snapshot of an individual's financial health, encompassing details from income and assets to liabilities and monthly expenses. By mandating a truthful and detailed exposition of finances, it plays a crucial role in ensuring fairness and transparency in the determination of financial obligations, whether it be alimony, child support, or division of assets. Its efficacy and broad applicability make it an indispensable element of family law proceedings, underscoring the critical importance of accuracy and honesty in its completion.

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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)

Document Attributes

Fact Name Description
Purpose The Florida Financial Affidavit Short Form 12.902(b) is designed for individuals with a gross annual income of $50,000 or less. Its primary use is in family law matters, such as divorce or child support cases, to disclose financial situations.
Governing Law This form is governed by the Florida Family Law Rules of Procedure, ensuring that all parties in family law cases provide accurate financial information to the court.
When Required It is mandatory to complete and file this affidavit in family law cases when financial matters such as alimony, child support, and division of marital assets and liabilities are in question.
Components The form includes sections for reporting income, assets, liabilities, and monthly expenses, allowing the court to understand an individual’s financial standing comprehensively.
Consequences of Non-Compliance Failing to accurately complete or submit the Form 12.902(b) can lead to court penalties, delays in legal proceedings, and potential impacts on the outcomes of financial disputes in family law cases.

How to Fill Out Florida Financial Affidavit Short 12.902(b)

After completing the Florida Financial Affidavit Short Form 12.902(b), individuals are taking an important step in managing legal matters that require a detailed account of their financial situation. This form serves as a foundational document in various legal proceedings to ensure fairness and transparency. The process involves accurately reporting income, expenses, assets, and liabilities. It is vital for individuals to approach this task with thoroughness and accuracy, as the information provided will affect the outcome of their case.

Steps for Filling Out the Florida Financial Affidavit Short Form 12.902(b)

  1. Start by entering your full legal name, address, and telephone number at the top of the form.
  2. Provide your occupation and the name and address of your employer in the designated sections.
  3. Report your gross income by specifying the amounts received weekly, bi-weekly, monthly, or annually. Make sure to include all sources such as wages, bonuses, commissions, and any other income.
  4. Detail your deductions from the income, like federal, state, and other taxes, health insurance premiums, mandatory union dues, and retirement payments. This will give a clear picture of your net income.
  5. Itemize your average monthly expenses. Be meticulous in breaking down costs related to housing, utilities, groceries, insurance, transportation, and any other recurring expenses. Remember to also include debts and financial obligations, such as credit card payments and loans.
  6. List all your assets, including bank accounts, retirement accounts, real estate properties, vehicles, and personal property of value. Provide current balance or market value information.
  7. Disclose all liabilities and debts, mentioning creditor name, balance owed, and monthly payment. This helps in understanding your financial obligations.
  8. Review your form carefully. It is crucial to ensure that all information is correct and complete to reflect an accurate financial picture.
  9. Finally, sign and date the form at the bottom. By signing, you affirm that the information provided is true and accurate to the best of your knowledge.

Once the Florida Financial Affidavit Short Form 12.902(b) is completed and submitted, the document will play a critical role in the legal process ahead. The details outlined will assist in making informed decisions about the case, aiming for a fair resolution that accounts for the financial realities presented. It is a step towards providing clarity and aiming for justice in the proceedings concerned.

More About Florida Financial Affidavit Short 12.902(b)

  1. What is the Florida Financial Affidavit Short Form 12.902(b) and who needs to fill it out?

    The Florida Financial Affidavit Short Form 12.902(b) is a legal document used in family court cases. It provides a snapshot of an individual's financial situation. This form is typically required for cases involving child support, alimony, division of property, and other financial matters in a divorce or family law case. It is meant for individuals with a gross annual income of $50,000 or less.

  2. What kind of information do you need to provide on the form?

    When completing the form, you must provide detailed information about your finances. This includes your income, assets (such as bank accounts and property), liabilities (debts and obligations), and monthly expenses. Accuracy is crucial to ensure a fair evaluation of your financial status.

  3. Is there a deadline for submitting the Florida Financial Affidavit Short Form 12.902(b)?

    The deadline for submitting the form varies by case and jurisdiction. Generally, it must be filed with the court and served to the other party early in the case, often within 45 days of the petition for divorce being filed. Check with your local court or a legal advisor to confirm specific deadlines in your case.

  4. Can you file the Florida Financial Affidavit Short Form 12.902(b) online?

    In many jurisdictions within Florida, it is possible to file the form online through the court's electronic filing system. However, availability varies, so it's best to check with the specific court where your case is being heard.

  5. What happens if you don't fill out the form accurately?

    Filling out the form inaccurately can lead to legal complications, including penalties for perjury if the inaccuracies are found to be intentional. Additionally, the outcome of your case could be negatively affected, as decisions regarding alimony, child support, and division of assets are based on the information provided.

  6. Are there any fees associated with filing the form?

    Filing fees for the Florida Financial Affidavit Short Form 12.902(b) are generally related to the larger case filing fees rather than the form itself. It's best to consult the court or a legal advisor to understand any applicable fees in your situation.

  7. Where can you find help completing the form?

    Help with completing the form is available from several sources, including legal aid services, family law attorneys, and sometimes the court's self-help center. Online resources and guides can also provide assistance, but it's important to ensure that you're looking at up-to-date information specific to Florida.

Common mistakes

When filling out the Florida Financial Affidavit Short Form 12.902(b), many individuals find themselves making common errors that can significantly impact the outcome of their legal matters. Understanding these mistakes can help ensure accuracy and completeness, improving the quality of one's filing.
  1. Not Checking the Most Recent Information: People often use outdated forms or fail to update their information before submission. The Florida courts regularly update their forms, including the Financial Affidavit Short Form 12.902(b), to reflect changes in law or procedure. Using the most current form and ensuring all information is up-to-date is critical for a valid submission.

  2. Omitting Information: Another common mistake is leaving sections blank or partially filled. Every field in the form is designed to gather necessary information. When individuals omit details, inadvertently or intentionally, it can lead to incomplete filings, misunderstandings, or even accusations of dishonesty. If a section does not apply, filling it with a clear "N/A" is better than leaving it empty.

  3. Incorrect Numbers: When it comes to financial matters, accuracy is essential. Entering incorrect figures for income, expenses, assets, or liabilities can drastically affect negotiations, settlements, or court rulings. Double-checking all numbers against supporting documents can prevent these costly errors.

  4. Overlooking Supporting Documents: The Financial Affidavit requires supporting documentation for various sections. Individuals frequently forget to attach these crucial documents, which can delay processing or lead to discrepancies between reported figures and actual figures. Ensuring that all required documents are attached and accurately reflect the information in the affidavit is crucial.

  5. Misunderstanding Legal Terms: Without a firm grasp of the legal terminology used in the form, mistakes are easily made. Misinterpretation of terms like "gross income," "non-marital assets," or "liabilities" can lead to incorrect entries. If there's any confusion, seeking clarification from a legal professional can prevent misunderstandings.

To avoid these common pitfalls:

  • Always access the form from an official or reputable source to ensure it's the most current version.
  • Review the entire form before starting, noting any areas that may require additional documents or detailed information.
  • Use exact figures wherever possible and double-check for accuracy.
  • Prepare all supporting documentation in advance, ensuring it matches the data provided in the affidavit.
  • Seek help if any part of the form is unclear, whether from online resources, legal aid services, or a legal professional.

By paying close attention to these details, individuals can fill out the Florida Financial Affidavit Short Form 12.902(b) more accurately and effectively, aiding their legal process.

Documents used along the form

In family law proceedings within Florida, particularly in divorce and child support cases, parties are required to provide financial disclosure. The Florida Financial Affidavit Short Form 12.902(b) plays a crucial role in these situations, offering a summarized view of one's financial status. This form is typically accompanied by various other documents and forms designed to provide a thorough understanding of an individual's financial picture. Here are some key documents often used in conjunction with the Florida Financial Affidavit Short Form 12.902(b).

  • Marital Settlement Agreement: A document outlining the agreement between the parties regarding the division of assets, liabilities, alimony, and child support. It represents a comprehensive agreement that, once approved by a court, becomes part of the final divorce decree.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: A legal form used in cases involving children to establish jurisdiction in custody matters. It provides vital information about the child's residency and any previous custody decisions.
  • Child Support Guidelines Worksheet: This form calculates the amount of child support one party may be required to pay to the other. The calculation takes into account the parents' incomes, child-related expenses, and time-sharing arrangements.
  • Parenting Plan: A document detailing how divorced parents will share the responsibilities and decision-making regarding their children. It covers aspects such as education, health care, communication with the children, and daily routines.
  • Financial Statement: A more detailed form than the Financial Affidavit, often required when complex financial issues are involved. It includes extensive information about assets, liabilities, income, and expenses.
  • Notice of Social Security Number: A form that provides social security numbers of both parties to the court, as required by Florida law. This document is used for identification purposes and to assist in the enforcement of child support orders.
  • Mandatory Disclosure: A procedural requirement obliging each party to provide certain financial documents and information to the other party. This typically includes tax returns, pay stubs, bank statements, and more, to ensure transparency in financial dealings.
  • Property Division Worksheet: A tool used to list all marital assets and liabilities, helping parties to visualize the division of property. This worksheet aids in negotiating a fair division of the marital estate.

These documents, when used alongside the Florida Financial Affidavit Short Form 12.902(b), enable parties, their attorneys, and the court to gain a comprehensive overview of the financial aspects of the case. Understanding and properly preparing these forms is essential for a fair and efficient resolution of family law matters in Florida.

Similar forms

  • The Florida Financial Affidavit Long Form 12.902(c) shares a foundational similarity with its Short Form counterpart, as both are designed to disclose the financial status of individuals involved in legal proceedings. The key difference lies in their application, with the long form being required when an individual's annual gross income exceeds a certain threshold, offering a more detailed account of one's financial situation.

  • The Uniform Child Support Guidelines Worksheet is another document that bears resemblance to the Florida Financial Affidavit Short Form, primarily because it relies on the financial information of the parties involved to calculate child support obligations. This form requires details about the income and expenses of both parents, akin to the affidavit's objective of establishing a financial baseline.

  • The Marital Settlement Agreement for dissolution of marriage closely parallels the Florida Financial Affidavit Short Form since both forms enumerate the financial assets, liabilities, and income of the parties involved. Their goals diverge as the settlement agreement aims at dividing these assets and liabilities, while the affidavit seeks to openly declare them.

  • Individual Income Tax Return, specifically the IRS Form 1040, shares similarities with the affidavit because it provides a comprehensive look at an individual's financial earnings, deductions, and taxes paid within a year. Both documents are essential for financial disclosure, with the tax return playing a crucial role in validating the income declared in the affidavit.

  • The Personal Financial Statement, commonly used by banks for loan applications, resembles the Florida Financial Affidavit in its requirement for a detailed disclosure of an individual's financial status, including assets, liabilities, income, and expenses. Both serve the purpose of assessing financial health, albeit for different end uses—legal vs. lending considerations.

  • The Pre-Marital Agreement, also known as a prenuptial agreement, has congruence with the Florida Financial Affidavit as both necessitate a full disclosure of each party's financial situation. The crucial distinction arises in their application—pre-marital agreements establish terms for asset distribution in case of separation, while the affidavit offers a current financial snapshot for legal purposes.

  • Bankruptcy Schedules and Statement of Financial Affairs also closely match the Florida Financial Affidavit Short 12.902(b) in terms of the detailed financial disclosure required. Those filing for bankruptcy must list all assets, liabilities, income, and monthly living expenses, a process that mirrors the comprehensive financial revelation mandated by the affidavit in family law contexts.

Dos and Don'ts

Navigating through the process of filling out the Florida Financial Affidavit Short 12.902(b) form can be straightforward with a little guidance. It's a crucial document often required in family law matters, such as divorce proceedings, where accurate financial information is paramount. Below are lists of the top things you should and shouldn't do to ensure the process is smooth and your submission is accurate.

What You Should Do:

  1. Review the entire form before starting: Get familiar with what's requested to gather all necessary information ahead of time.
  2. Be honest and accurate: Ensure all information you provide reflects your true financial situation. Inaccuracies can lead to legal complications.
  3. Use exact figures: Whenever possible, avoid estimating. Use actual numbers from your financial documents.
  4. Keep it updated: If your financial situation changes significantly before your case is concluded, file an amended affidavit reflecting those changes.
  5. Consult with a professional: If you're unsure about any aspect of the form or your financial information, seek advice from a legal or financial expert.

What You Shouldn't Do:

  1. Do not leave sections blank: If a section does not apply to you, write "N/A" (not applicable) instead of leaving it empty to show you didn't overlook it.
  2. Avoid rounding up figures: While it might seem easier, rounding can lead to inaccuracies. Always use the exact amount.
  3. Do not rush through the form: Take your time to fill it out carefully. Mistakes could delay your case or impact the outcome.
  4. Don’t overlook the details: Small financial obligations or assets can add up. Make sure to disclose all financial information.
  5. Do not forget to sign and date the form: An unsigned or undated form might not be accepted, which could delay your proceedings.

Misconceptions

Understanding the Florida Financial Affidavit Short Form 12.902(b) can sometimes be akin to navigating a minefield of misconceptions. Designed primarily for use in family law cases, especially divorce and child support matters, it's crucial for individuals to grasp the essence of this document to ensure accuracy and compliance. Below are seven common misconceptions about this affidavit, each clarified to assist in better understanding and completing the form.

  • It’s Only for High-Income Individuals: A common myth is that Form 12.902(b) is intended solely for individuals with high income. In reality, this short form is designed for those with a gross annual income of $50,000 or less. Its purpose is to provide a simplified process for disclosing financial information for individuals within this income bracket.
  • Legal Assistance Is Not Necessary: Some believe that filling out the form doesn't require any legal guidance. However, considering the potential implications of the information provided within such documents, consulting with a legal professional can ensure accuracy, completeness, and avoidance of unintentional consequences.
  • Accuracy Isn't Crucial: Every piece of information on the form is crucial. Underestimating the importance of accuracy can lead to serious legal ramifications. It’s imperative to provide complete and accurate information about your financial status as inaccuracies can be viewed as fraud or lead to fines and other penalties.
  • It Covers Every Financial Aspect: While comprehensive, the Florida Financial Affidavit Short Form 12.902(b) does not cater to every unique financial situation. There might be assets, liabilities, or income sources that require additional documentation or explanation, confirming that not every financial detail fits neatly into the form's categories.
  • Once Submitted, It Cannot Be Changed: Circumstances change, and so can the information on your affidavit. If there's a significant change in financial situation, it is possible to amend the document. However, one should not take this process lightly, as any amendment would require justification and additional scrutiny.
  • It’s the Same as Other Financial Documents: Mistaking this affidavit for being interchangeable with other financial documents is easy. Yet, this form is specifically tailored to meet the requirements of Florida family law proceedings, distinctively different from general financial statements or tax returns.
  • Personal Expense Details Are Not Important: Every detail matters on the form, including personal expenses. These details can significantly influence determinations of alimony, child support, and the division of marital assets and liabilities. Therefore, omitting or inaccurately reporting personal expenses can detrimentally affect the outcome of a case.

In summary, thoroughness, accuracy, and honesty are non-negotiable when completing the Florida Financial Affidavit Short Form 12.902(b). Dispelling these misconceptions and approaching the document with the seriousness it warrants can help prevent unnecessary complications in legal proceedings. Always remember, when in doubt, seeking the advice of a legal professional can provide clarity and peace of mind throughout the process.

Key takeaways

When dealing with financial matters in the state of Florida, particularly in divorce or child support cases, the Florida Financial Affidavit Short Form 12.902(b) is a document that often needs to be completed. Understanding the key aspects of filling out and using this form can simplify the process and ensure accuracy in legal proceedings. Below are 10 key takeaways for those navigating this task.

  • The Florida Financial Affidavit Short Form 12.902(b) is designed for individuals with a gross annual income of $50,000 or less. People who earn more must use the Long Form 12.902(c).
  • This affidavit provides a comprehensive overview of one's financial situation, including income, expenses, assets, and liabilities, which is crucial for determining alimony, child support, and the division of property.
  • Accuracy is paramount when completing the form. Inaccuracies can lead to legal ramifications, including penalties for perjury, as the information provided is under oath.
  • Documentation to support the data entered on the affidavit, such as tax returns, pay stubs, and bills, should be kept ready. These documents may be requested by the court or the opposing party.
  • Individuals should not overlook any section of the form. If a particular section does not apply, it is advisable to mark it as "Not Applicable" rather than leaving it blank.
  • Monthly income and expenses must be converted to a monthly average if they vary. Annual figures should be divided by 12, providing a more accurate monthly picture.
  • The form requires full disclosure of all assets and liabilities. Concealing information can lead to adverse legal consequences and negatively impact the outcome of the case.
  • Even after submission, changes in financial circumstances necessitate the form's update. Parties should file an amended affidavit to reflect major financial changes.
  • Legal assistance can be invaluable in completing the affidavit, especially in complex cases or when substantial assets and liabilities are involved.
  • Once completed and signed, the affidavit must be filed with the court clerk and served on the other party, adhering to Florida's procedural rules. Timelines for submission should be carefully followed to avoid delays in the legal process.

By understanding these key points, individuals can better navigate the complexities of financial disclosure in legal cases, ensuring that their financial affidavit accurately reflects their economic reality. This, in turn, aids in the fair resolution of financial issues in the context of family law in Florida.

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