Fill Out Your Family Law Financial Affidavit 12 902 B Form
The Family Law Financial Affidavit 12.902(b) form plays a crucial role in family law cases, particularly for those where an individual's gross income falls under $50,000 per year. This form is typically required in various situations involving financial disclosures, such as divorce proceedings or child support disputes. It is essential for individuals to provide accurate financial information, including monthly income and expenses, to ensure fair resolutions. The form asks for details about your financial situation, including salary, benefits, and any additional sources of income, all broken down into monthly amounts. Additionally, it requires the reporting of deductions that impact your net monthly income, offering a clear picture of your finances. The importance of this form cannot be understated, as it serves as a foundation for the court in making informed decisions regarding support and division of assets. To maintain confidentiality, there are provisions for individuals facing domestic violence, allowing them to keep their information private. Completing this affidavit involves a systematic approach, including converting various payment schedules into monthly figures, which ensures a precise representation of one’s financial standing. By understanding how to fill out this form correctly and adhering to the requirements, individuals can better navigate the complexities of family law cases and work toward fair outcomes.
Family Law Financial Affidavit 12 902 B 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 pro eedi g, you should read Ge eral I for atio 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 |
|
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 a thi g that is NOT paid o thl . Atta h ore paper, if eeded. Ite s i luded u der 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._______Mo thl Workers’ Co pe satio
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 elow do ot refle t what ou a tuall pa urre tl , ou should write esti ate e t to ea h a ou t
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 ’“ EXPEN“E“
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 re ’s edi al/de tal |
$ _______ |
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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 o arital, ea i g it elo gs to o ly o e of you a d should ot e divided. You should indicate
to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if |
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property/debt was owned/owed by one spouse before the marriage. See the Ge eral I for atio for |
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found at the beginning of these forms and section 61.075(1), Florida |
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“tatutes, for defi itio s of |
arital a d o arital assets a d lia ilities. |
A. ASSETS: |
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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 |
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(check correct |
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Fair |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
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column) |
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Market |
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the line next to any asset(s) which you are requesting the judge |
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Value |
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award to you. |
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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:
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DESCRIPTION OF ITEM(S). List a description of each separate debt |
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Current |
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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 |
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Amount |
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column) |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
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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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Possible |
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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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Value |
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column) |
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judge award to you. |
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husband |
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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 |
(check correct |
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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. |
Owed |
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husband |
wife |
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$ |
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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]: ( )
() 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)
Form Characteristics
| Fact | Description |
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| Purpose | This form is used in family law cases requiring a financial affidavit when individual gross income is under $50,000 per year. |
| Exceptions | No financial affidavit is necessary if parties have waived it in a simplified dissolution, have no minor children and filed a settlement agreement, or if the court lacks jurisdiction over financial matters. |
| Filing Procedure | The completed form must be signed before a notary and filed with the circuit court clerk in the county of the petition. |
| Service Requirement | A copy of the affidavit should be served to the other party within 45 days of being served with the petition. |
| Income Calculation | Monthly income and expenses must be reported, and amounts should be converted if not on a monthly schedule. |
| Confidentiality | Victims of certain crimes can keep their address confidential by submitting a Request for Confidential Filing of Address. |
| Nonlawyer Assistance | If a nonlawyer assists in completing the form, they must provide a disclosure form and include their contact information at the end. |
Guidelines on Utilizing Family Law Financial Affidavit 12 902 B
After preparing the Family Law Financial Affidavit (Form 12.902 B), ensure all information is complete and accurate. This form must ultimately be signed before a notary public or deputy clerk and filed with the appropriate court.
- Obtain the form: Download or request the Family Law Financial Affidavit (Form 12.902 B) from the appropriate court or online resource.
- Enter your case information: Fill in the case number, division, and the names of the petitioner and respondent at the top of the form.
- Provide your personal details: Include your full legal name, occupation, and employer's name and address. State your pay rate and frequency of payment.
- Calculate your present monthly gross income: List each source of income in the specified sections. Ensure amounts reflect monthly figures, including conversion if paid differently.
- Sum your gross income: Add all entries to determine the total present monthly gross income and write this number in the designated section.
- List monthly deductions: Complete the deductions section with mandatory withholdings, taxes, and any other applicable payments to determine your total allowable deductions.
- Calculate present net monthly income: Subtract your total deductions from your total gross income to find your present net monthly income.
- Estimate your average monthly expenses: Fill in the proposed or estimated expenses in the categories listed, including household, automobile, children’s expenses, insurance, other expenses, and payments to creditors.
- Review all information: Verify that all entries are complete and correct. Prepare to sign and date the form.
- Sign and notarize: Sign the form in the presence of a notary public or deputy clerk to validate it.
- File the form: Submit the original affidavit to the clerk of the circuit court in the county where your case is filed, and keep a copy for your records.
- Serve the affidavit: Provide a copy to the other party in your case within 45 days, following the proper service rules.
What You Should Know About This Form
What is the purpose of the Family Law Financial Affidavit 12 902 B form?
The Family Law Financial Affidavit 12 902 B form is used in family law cases to provide a clear picture of your financial situation when your individual gross income is under $50,000 per year. It is required for matters such as divorce, child support, and other financial disputes to help the court understand your income, expenses, assets, and liabilities.
Who is required to use this form?
This form should be used by individuals involved in family law cases with a gross annual income below $50,000. However, there are exceptions: if both parties have agreed to waive the affidavit in a simplified dissolution, if there are no minor children involved, or if the court lacks jurisdiction over financial issues, this form is not necessary.
How should I complete the form?
The form must be filled out using monthly income and expense figures. You should convert any non-monthly amounts to a monthly basis for consistency. Use the instructions provided in the form for converting different pay schedules (hourly, daily, weekly, etc.) to determine your monthly income and expenses accurately.
What steps should I take after completing the affidavit?
Once you have filled out the form, you must sign it in front of a notary public or a deputy clerk. After that, file the original with the clerk of the circuit court in your county. It's important to keep a copy for your records. Additionally, the completed affidavit must be served on the other party within 45 days of being served with the petition, unless it was included with your initial papers.
What if I want to keep my address confidential?
If you are a victim of specific crimes such as domestic violence or harassment, you may want to keep your address confidential. In this case, do not list your address and instead file a Request for Confidential Filing of Address using Form 12.980(h).
Are there specific instructions for reporting my income and expenses?
Yes, you must report your income and expenses using monthly figures. For detailed categories, the form provides instructions about listing various income sources such as wages, benefits, and rental income. Remember to attach any necessary documentation, especially if you have business income or other complex financial situations.
What if I need assistance filling out this form?
If you require help completing the form and seek assistance from a nonlawyer, they are required to provide you with a Disclosure from Nonlawyer before aiding you. This document confirms their role and outlines your protections. They must also include their contact information on the form they help you complete.
Common mistakes
Filling out the Family Law Financial Affidavit 12 902 B form requires careful attention to detail. One common mistake individuals make is failing to accurately convert their income and expenses to a monthly basis. Many people work on schedules that do not align with a monthly time frame, such as bi-weekly or semi-monthly. If these individuals do not convert their figures correctly, they may misrepresent their financial situation, which could have significant consequences in a family law case.
Another frequent error involves neglecting to include all sources of income. The affidavit requires a comprehensive look at financial resources, including bonuses, commissions, and any side business income. Omitting these can lead to an incomplete picture of a person's financial status, which might affect child support or alimony calculations.
Individuals often overlook the need to provide detailed documentation for specific income types, such as self-employment or rental income. The form requests that people attach additional sheets itemizing these earnings and relevant expenses. Failing to do so not only weakens the affidavit but may also raise questions about transparency and credibility in court.
A common mistake involves inaccuracies in deductions. Some individuals mistakenly include deductions that are not allowed under Florida law, such as non-mandatory expenses. This misinterpretation can lead to an inflated net income figure, potentially skewing the court's understanding of the financial landscape.
Moreover, another recurring issue is the incorrect representation of household and personal expenses. Many people might guess their expenses instead of using accurate and recent data. Estimating without justification can lead to discrepancies, and as such, the courts may not view these figures as reliable.
Some filers also forget to consider ongoing obligations, such as child support or alimony payments from prior relationships. It is critical to list these accurately on the affidavit. Missing these financial commitments can falsely indicate a steadier financial position than actually exists, which can lead to unfavorable rulings by the court.
Lastly, clarity in the form is essential. Individuals frequently rush through the completion process, resulting in vague descriptions or incomplete sections. The affidavit must be clear and thorough to enhance its effectiveness. A well-prepared affidavit not only reflects conscientiousness but also aids the court in making informed decisions regarding financial matters.
Documents used along the form
The Family Law Financial Affidavit is an important document used in family law cases in Florida. It provides a clear picture of a person's financial situation and is paired with several other forms during legal proceedings. Below are some other common documents you may encounter alongside the Family Law Financial Affidavit 12 902 B form.
- Family Law Financial Affidavit (Long Form) 12.902(a): This affidavit should be used if your individual gross income exceeds $50,000 and provides a detailed overview of income, expenses, and assets.
- Request for Confidential Filing of Address 12.980(h): If you need to keep your address confidential due to domestic violence or other safety concerns, this form must be filed.
- Notice of Hearing: This document informs the parties involved of the scheduled dates and times for hearings related to the case.
- Parenting Plan: If children are involved, a comprehensive parenting plan must be filed, outlining custody arrangements and parenting responsibilities.
- Child Support Guidelines Worksheet: This is used to determine the amount of child support based on income and expenses, ensuring that all factors are considered.
- Marital Settlement Agreement: If the parties come to an agreement regarding the division of assets and liabilities, this document outlines the terms and conditions.
- Financial Disclosure Form: This additional form provides a more in-depth look at the financial assets and liabilities of the parties involved.
- Affidavit of Financial Disclosure: Parties may need to submit this sworn statement to confirm that all financial information provided has been disclosed.
- Summons: This document officially initiates the case, notifying the respondent that they have been summoned to court.
- Qualifications for Attorney Fees and Costs: This form helps determine eligibility for waiving court costs or requesting attorney fees based on financial need.
Each of these documents plays a significant role in the legal process. Understanding their purpose helps to create a smooth experience for everyone involved. Being prepared and organized can contribute to a more efficient resolution of family law matters.
Similar forms
The Family Law Financial Affidavit Form 12.902 B is comparable to several other documents used in family law and financial matters. Below are four documents that are similar in nature, each serving a specific purpose related to financial disclosures.
- Family Law Financial Affidavit Form 12.902(a): This longer version of the financial affidavit is used when an individual’s gross income exceeds $50,000 per year. It requires a more detailed financial breakdown compared to the short form.
- Affidavit of Support (USCIS Form I-864): This document is required for sponsoring a family member to immigrate to the United States. It includes proof of the sponsor's financial ability to support the immigrant, somewhat similar to the financial disclosures in the family law affidavit.
- Child Support Guidelines Worksheet: This worksheet is used in family law cases to calculate child support obligations. It includes the parties’ income and expenses, akin to the financial information required in Form 12.902 B.
- Financial Disclosure Statement: Common in various types of legal proceedings, this statement requires disclosure of assets, liabilities, income, and expenses. It serves a similar purpose in revealing a party's financial situation during legal matters.
Dos and Don'ts
When filling out the Family Law Financial Affidavit 12 902 B form, it is crucial to approach the process with care and diligence. Here are five key do's and don'ts to consider:
- Do use the form when your gross income is UNDER $50,000 per year, as specified in the instructions.
- Do ensure that all income and expenses are reported on a monthly basis, converting amounts if necessary.
- Do provide clear details of your income sources, including any bonuses or commissions.
- Do sign the affidavit in front of a notary public or deputy clerk before submission.
- Do file the form with the clerk of the circuit court, and keep a copy for your records.
- Don't omit any income or expense; all values should be transparent and accurate.
- Don't forget to serve a copy of the affidavit to the other party within 45 days of receiving the petition.
- Don't enter your address or phone information if you require confidentiality due to safety concerns; use the appropriate confidential filing request instead.
- Don't use colored ink or handwriting; the form should be typed or printed in black ink only.
- Don't leave any sections blank; if not applicable, indicate this clearly instead of skipping the information.
Misconceptions
When it comes to filling out the Family Law Financial Affidavit 12 902 B form, misconceptions often arise. Understanding the realities can streamline the process and reduce stress. Below are six common misconceptions and clarifications regarding this important document:
- This form is only for those with low income. Many people believe that the Family Law Financial Affidavit applies exclusively to individuals with a low income. In reality, it is required for any individual whose gross annual income is under $50,000 and involved in certain family law cases.
- It's optional if you're going through a simplified dissolution of marriage. Some people assume that they can bypass the affidavit if they are filing a simplified dissolution of marriage. However, this form is only waived if both parties agree to it in writing.
- You can complete it at any time. Many think they can fill out the financial affidavit whenever they wish. In fact, a copy of the form must be served on the other party within 45 days of being served with the initial petition.
- You do not need a notary for the affidavit. Some individuals believe that signing the form is sufficient. However, you must sign in front of a notary public or a deputy clerk for the affidavit to be valid.
- Only your salary needs to be reported. It's a common misconception that you only need to include your salary. The form requires a full disclosure of various income sources, such as bonuses, rental income, and disability benefits. Failing to report all income can lead to legal repercussions.
- Expenses do not require detailed calculations. Some assume that they can estimate their monthly expenses broadly. It is essential to provide accurate monthly figures for all expenses, as underreporting can affect court decisions on financial matters.
By informing yourself about these misconceptions, you can approach the Family Law Financial Affidavit process with greater confidence and comprehension. Remember that accurate and honest reporting is crucial for the resolution of family law matters.
Key takeaways
Understanding the Family Law Financial Affidavit Form 12.902 B is crucial for anyone involved in family law cases in Florida. Here are the key takeaways to remember:
- Eligibility Criteria: Use this form only if your annual gross income is under $50,000 unless specific conditions apply, such as waiving the financial affidavit or having no financial disputes.
- Correct Documentation: Ensure the form is filled out accurately using monthly income and expenses. If your payment schedule is different, convert amounts accordingly.
- Submission and Service: After signing the form in front of a notary, file it with the circuit court and serve a copy to the other party within 45 days of receiving the petition.
- Confidentiality Options: If you have safety concerns due to domestic violence or similar issues, file a Request for Confidential Filing of Address instead of revealing your address on the affidavit.
These steps are essential for ensuring compliance and safeguarding your interests throughout the legal process.
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