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Fill Out Your Financial Affidavit 12 902 C Form

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The Financial Affidavit 12.902 C form plays a crucial role in family law cases, especially when financial details are necessary for determining support obligations, property division, or other related issues. This form is required for individuals with an annual gross income of $50,000 or more. It gathers comprehensive information about an individual's income, expenses, and financial situation. Various sections within the form demand specifics about employment status, monthly income sources, and anticipated deductions. Additionally, it highlights certain exemptions from filing, such as cases involving simplified dissolutions or no minor children. It’s important to accurately report all figures on a monthly basis, even if income or expenses are received or paid differently. Upon completion, you will need to sign this affidavit in front of a notary public or deputy clerk before filing it with the circuit court. This process ensures that all financial information is verified and can be relied upon during the proceedings. Proper service of this affidavit to the other party is crucial as well, emphasizing the importance of abiding by strict timelines and procedures outlined in Florida family law.

Financial Affidavit 12 902 C Example

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.902(c), FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)(01/15)

When should this form be used?

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

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

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

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

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

What should I do next?

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

Where can I look for more information?

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

Special notes...

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

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

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

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

Hourly amount

x

Hours worked per week

=

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

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

Daily amount

x

Days worked per week

=

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

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

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

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

follows:

 

 

 

 

Bi-weekly amount

x

26

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

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

Semi-monthly amount x

2

=

Monthly Amount

Expenses may be converted in the same manner.

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

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

IN THE CIRCUIT COURT OF THE

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

COUNTY, FLORIDA

Case No.:

Division:

,

Petitioner,

and

,

Respondent.

FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)

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

I, {full legal name}

 

, being sworn, certify

that the following information is true:

 

SECTION I. INCOME

1.My age is: ___________________

2.My occupation is: ________________________________________________________________

3.I am currently [Check all that apply]

a.____ Unemployed

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

____________________________________________________________________________

b.____ Employed by: ____________________________________________________________

Address: ____________________________________________________________________

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

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

( ) monthly ( ) other: ________________________________________________________

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

___________________________________________________________________________

___________________________________________________________________________.

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

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

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

c._____ Retired. Date of retirement: _______________________________________________

Employer from whom retired: ___________________________________________________

Address: _____________________________________________________________________

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

L!ST YE!R’S GROSS INCOME:

Your Income

Other Party’s Income (if known)

YEAR_____

$ _______

$ _______

PRESENT MONTHLY GROSS INCOME:

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

1.$______ Monthly gross salary or wages

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

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

4._______ Monthly disability benefits/SSI

5._______ Monthly Workers’ Compensation

6._______ Monthly Unemployment Compensation

7._______ Monthly pension, retirement, or annuity payments

8._______ Monthly Social Security benefits

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

9a. From this case: $________

9b. From other case(s): ________

10._______ Monthly interest and dividends

11._______ Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.)

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

13._______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses (Attach sheet itemizing each item and amount.)

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

Any other income of a recurring nature (identify source)

15._______________________________________________________________________________

16._______________________________________________________________________________

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

PRESENT MONTHLY DEDUCTIONS:

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

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

a.Filing Status

b.Number of dependents claimed

19.

_______

Monthly FICA or self-employment taxes

20. _______

Monthly Medicare payments

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

21._______ Monthly mandatory union dues

22._______ Monthly mandatory retirement payments

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

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

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

25a. from this case: $ _________

25b. from other case(s): _________

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

27.$______ PRESENT NET MONTHLY INCOME

(Subtract line 26 from line 17).

SECTION II. AVERAGE MONTHLY EXPENSES

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

HOUSEHOLD:

1.$______ Monthly mortgage or rent payments

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

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

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

5._______ Monthly electricity

6._______ Monthly water, garbage, and sewer

7._______ Monthly telephone

8._______ Monthly fuel oil or natural gas

9._______ Monthly repairs and maintenance

10._______ Monthly lawn care

11._______ Monthly pool maintenance

12._______ Monthly pest control

13._______ Monthly misc. household

14._______ Monthly food and home supplies

15._______ Monthly meals outside home

16._______ Monthly cable t.v.

17._______ Monthly alarm service contract

18._______ Monthly service contracts on appliances

19._______ Monthly maid service

Other:

20.__________________________________________________________________________________

21.__________________________________________________________________________________

22.__________________________________________________________________________________

23.__________________________________________________________________________________

24.__________________________________________________________________________________

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

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

AUTOMOBILE:

26.$______ Monthly gasoline and oil

27._______ Monthly repairs

28._______ Monthly auto tags and emission testing

29._______ Monthly insurance

30._______ Monthly payments (lease or financing)

31._______ Monthly rental/replacements

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

33._______ Monthly tolls and parking

34._______ Other: _________________________________________________

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

MONTHLY EXPENSES FOR CHILDREN COMMON TO BOTH PARTIES:

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

37._______ Monthly school tuition

38._______ Monthly school supplies, books, and fees

39._______ Monthly after school activities

40._______ Monthly lunch money

41._______ Monthly private lessons or tutoring

42._______ Monthly allowances

43._______ Monthly clothing and uniforms

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

45._______ Monthly health insurance

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

47._______ Monthly psychiatric/psychological/counselor

48._______ Monthly orthodontic

49._______ Monthly vitamins

50._______ Monthly beauty parlor/barber shop

51._______ Monthly nonprescription medication

52._______ Monthly cosmetics, toiletries, and sundries

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

54._______ Monthly camp or summer activities

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

56._______ Monthly time-sharing expenses

57._______ Monthly miscellaneous

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

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

59.$________________________________________________________________________________

60.__________________________________________________________________________________

61.__________________________________________________________________________________

62.__________________________________________________________________________________

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

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

MONTHLY INSURANCE:

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

65._______ Life insurance

66._______ Dental insurance.

Other:

67.________________________________________________________________________________

68.________________________________________________________________________________

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

OTHER MONTHLY EXPENSES NOT LISTED ABOVE:

70.$______ Monthly dry cleaning and laundry

71._______ Monthly clothing

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

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

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

75._______ Monthly grooming

76._______ Monthly gifts

77._______ Monthly pet expenses

78._______ Monthly club dues and membership

79._______ Monthly sports and hobbies

80._______ Monthly entertainment

81._______ Monthly periodicals/books/tapes/CDs

82._______ Monthly vacations

83._______ Monthly religious organizations

84._______ Monthly bank charges/credit card fees

85._______ Monthly education expenses

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

listed above)______________________________________________________________

87.__________________________________________________________________________________

88.__________________________________________________________________________________

89.__________________________________________________________________________________

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

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

MONTHLY PAYMENT AND NAME OF CREDITOR(s):

91.$_________________________________________________________________________________

92.__________________________________________________________________________________

93.__________________________________________________________________________________

94.__________________________________________________________________________________

95.__________________________________________________________________________________

96.__________________________________________________________________________________

97.__________________________________________________________________________________

98.__________________________________________________________________________________

99.__________________________________________________________________________________

100.______________________________________________________________________________

101.______________________________________________________________________________

102.______________________________________________________________________________

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

103.______________________________________________________________________________

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

105. $_______TOTAL MONTHLY EXPENSES:

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

SUMMARY

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

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

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

amount of your surplus. Enter that amount here.)

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

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

SECTION III. ASSETS AND LIABILITIES

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

INSTRUCTIONS:

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

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

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

STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item belongs. (Typically, you will only use Column C if property was owned by one spouse before the marriage. See the “General Information for Self-Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)

 

 

A

 

B

 

C

 

 

ASSETS: DESCRIPTION OF ITEM(S)

Nonmarital

 

 

 

Current

 

 

LIST ONLY LAST FOUR DIGITS OF ACCOUNT NUMBERS.

 

Fair

 

(Check correct

 

 

Market

 

column)

 

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

 

Value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to you.

 

 

 

husband

wife

 

 

Cash (on hand)

$

 

 

 

 

 

Cash (in banks or credit unions)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stocks/Bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

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

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

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

Jewelry

Life insurance (cash surrender value)

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

Other assets:

Total Assets (add column B)

$

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

INSTRUCTIONS:

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

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

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

STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning the debt belongs to only one of you and should not be divided; You should indicate to whom you believe the debt belongs. (Typically, you will only use Column C if the debt was owed by one spouse before the marriage. See the “General Information for Self- Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)

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

Get Financial Affidavit 12 902 C PDF Form

Form Characteristics

Fact Description
Use Case This form is mandatory for individuals with an annual gross income of $50,000 or more when involved in a family law case requiring a financial affidavit.
Exceptions There are several exceptions where this form is not needed, including when filing a simplified dissolution of marriage or lacking minor children.
Signing Requirement The affidavit must be signed before a notary public or deputy clerk to ensure validity.
Filing Details After signing, the original form should be filed with the county clerk's office, and a copy should be kept for personal records.
Service Requirement A copy of the affidavit must be served to the other party within 45 days after being served with the petition.
Confidentiality Individuals may request to keep their address confidential if they are victims of certain crimes by filing a specific form.
Financial Details The affidavit necessitates monthly amounts for income and expenses. Various conversion methods are outlined for individuals receiving income not on a monthly basis.

Guidelines on Utilizing Financial Affidavit 12 902 C

After completing the Financial Affidavit 12 902 C form, ensure that you sign it in the presence of a notary public or deputy clerk. Remember to file the original with the clerk of the circuit court and keep a copy for yourself. It's crucial to serve the other party with a copy within the designated timeframe following the petition's service.

  1. Type or print the form in black ink.
  2. Write your full legal name at the beginning of the form.
  3. Provide your age and occupation in the specified sections.
  4. Indicate your employment status by checking the relevant boxes for unemployed, employed, or retired.
  5. If employed, enter your employer’s name, address, and telephone number. Also include your pay rate and payment frequency.
  6. If applicable, check the box to indicate if you have more than one job and attach additional information if needed.
  7. Report your last year's gross income for both yourself and the other party if known.
  8. Calculate and enter your present monthly gross income from all sources. Be sure to use monthly amounts as instructed.
  9. Complete the deductions section by listing all allowable monthly deductions.
  10. Calculate your total deductions and determine your present net monthly income.
  11. Proceed to Section II to list your average monthly expenses, ensuring to write "estimate" next to any predicted costs.
  12. Add up your expenses to get a subtotal and enter the amount in the designated line.
  13. Review the form for accuracy and completeness.
  14. Sign the form in front of a notary public or deputy clerk to validate it.
  15. File the completed original affidavit with the clerk of the circuit court.
  16. Make a copy of the signed affidavit for your records.
  17. Serve a copy of the affidavit to the other party within 45 days of being served with the petition.

What You Should Know About This Form

1. When should I use the Financial Affidavit 12 902 C form?

This form should be used if you are involved in a family law case that requires a financial affidavit and your individual gross income is $50,000 or more per year. There are exceptions: if you are filing a simplified dissolution and both parties waive financial affidavits, if there are no minor children and you have filed a settlement agreement, or if the court cannot determine financial issues.

2. How should I complete the Financial Affidavit form?

Complete the form by typing or printing in black ink. Ensure that the information is current and accurate. Sign the form in front of a notary public or deputy clerk. File the original with the clerk of the circuit court where the petition was filed and retain a copy for your records.

3. What is the timeline for serving the Financial Affidavit?

You must serve a copy of this form on the other party within 45 days of being served with the petition, unless it was served with your initial papers. Make sure to follow the service rules specified in Florida Rule of Judicial Administration 2.516.

4. What should I do if I want to keep my address confidential?

If you are a victim of certain crimes, such as sexual battery or domestic violence, do not include your address on the form. Instead, you should file a Request for Confidential Filing of Address, using Florida Supreme Court Approved Family Law Form 12.980(h).

5. How should I report my income?

You need to complete the affidavit using monthly income amounts. If your income is not paid monthly, such as weekly or bi-weekly, you must convert those figures into a monthly equivalent using the provided calculation methods. This includes hourly, daily, or bi-weekly pay conversions.

6. Can I get help filling out this form?

7. How do I calculate my monthly deductions?

Identify all deductions that qualify under Florida law and ensure they are reported on a monthly basis. This includes taxes, union dues, retirement payments, insurance, and any court-ordered support payments. Accurately adding these numbers will help you determine your net monthly income.

8. What happens if I make a mistake on the form?

If you realize you’ve made a mistake after submitting the form, you may need to file a corrected affidavit. It’s essential to keep your information accurate to avoid any potential issues in your legal proceedings.

9. What if my income decreases after I file this affidavit?

If your financial situation changes after you submit the affidavit, you should report this change to the court as it may impact your case. Failure to update the court may lead to complications, especially regarding support payments or settlements.

10. Where can I find more information about filling out the Financial Affidavit?

You can refer to “General Information for Self-Represented Litigants” at the beginning of the forms. Additionally, Florida Family Law Rule of Procedure 12.285 provides further guidance concerning the requirements and processes involved.

Common mistakes

Filling out the Financial Affidavit 12.902(c) form can be a straightforward task, yet many individuals make common mistakes that can lead to confusion or delays in their family law case. One frequent error is failing to properly convert income and expenses. The form requires all amounts to be presented on a monthly basis. If individuals receive income or incur expenses on a different schedule, they must convert those figures accurately. Not doing so can result in discrepancies and misrepresentations of one’s financial situation.

Another mistake often made is leaving sections blank. Each section of the financial affidavit is important and must be filled out completely. Incomplete forms may be rejected or come back for further clarification, creating additional work. Furthermore, if a person does not list all sources of income, they risk undervaluing their financial contributions, which could be detrimental to the outcome of the case.

Many also overlook the significance of documenting and providing supporting evidence for their claims. The financial affidavit asks for specific financial details, and it’s crucial to attach any necessary documentation, such as pay stubs or bank statements. Without this proof, claims can appear unsubstantiated, possibly leading to loss of credibility in the case.

Another common pitfall is not understanding the filing process. Once the form is completed and notarized, it must not only be filed with the court but also served to the other party involved in the case. Failure to serve the affidavit or to do so within the required timeframe can complicate proceedings and could potentially affect outcomes.

Many people mistakenly think that they can use estimates for their income and expenses. The form asks for actual and precise figures, and while estimates must be marked accordingly, over-reliance on them can paint an inaccurate picture of financial standing. It’s always better to be as precise as possible.

Some individuals also forget to update their affidavit if there have been changes in their financial situation, such as a new job or significant expenses. Keeping the document current is essential for ensuring that the court has the most accurate information on file.

Inaccurate reporting of deductions poses another challenge. Individuals sometimes misclassify expenses or leave out allowable deductions altogether. It’s vital to understand which deductions can legally be claimed, and reporting them correctly can significantly impact net income calculations.

People often underestimate the importance of reviewing their completed affidavit before submission. Mistakes in math, unclear handwriting, or even simple clerical errors can cause frustration down the line. A thorough review can catch these issues early, promoting clarity and accuracy.

Finally, misunderstanding confidentiality provisions can lead to dire consequences, especially if someone feels threatened or unsafe in their circumstances. If applicable, being sure to follow correct procedures for protection of personal information is critical. By avoiding these common errors, individuals can ensure that their financial affidavit supports their case effectively.

Documents used along the form

The Financial Affidavit Form 12.902 C is a key document in family law cases involving significant income. Along with this form, there are several other documents that may be necessary to provide a complete financial picture and ensure compliance with court requirements. Below is a list of commonly used forms and documents that often accompany the Financial Affidavit.

  • Request for Confidential Filing of Address (Form 12.980(h)) - This form is used to keep the filing party's address confidential for victims of certain crimes, such as domestic violence or harassment.
  • Disclosure from Nonlawyer (Form 12.900(a)) - If a nonlawyer assists in completing any forms, they must provide this disclosure, which includes the nonlawyer’s name, address, and contact information.
  • Child Support Guidelines Worksheet - This worksheet calculates child support obligations based on the income of both parents and applicable state guidelines.
  • Financial Disclosure Statement - This document offers a detailed account of all debts and credits, providing a thorough view of financial obligations and resources.
  • Notice of Intent to Relocate - If one party plans to move, this notice must be filed to inform the other party, particularly relevant for shared custody arrangements.
  • Motion for Temporary Relief - This is filed to request temporary orders regarding financial support or other immediate needs while the case is pending.
  • Marital Settlement Agreement - A document outlining the agreements between parties regarding financial and custodial arrangements, which may be needed if the case involves dissolution of marriage.
  • Affidavit of Indigency - If a party seeks to waive filing fees due to financial hardship, this affidavit details their financial circumstances to justify the request.
  • Continuing Financial Disclosure Affidavit - Often required in ongoing cases, this affidavit updates the court on any changes in financial circumstances since the last disclosure.

Each of these documents serves a purpose in the context of family law cases, and individuals should ensure they are prepared and submitted as necessary to facilitate a smoother legal process.

Similar forms

  • Form 12.902(b): This is the Short Form Family Law Financial Affidavit, used when an individual's gross income is less than $50,000 per year. Like the 12.902(c), it requires detailed income and expense disclosures but is shorter in length.
  • Form 12.901(b): The Petition for Dissolution of Marriage may require a financial affidavit attached. Both documents seek to establish financial standing in divorce proceedings.
  • Form 12.900(a): This is the Disclosure from Nonlawyer form, used when a nonlawyer assists in completing the financial affidavit. Similar in context, it supports proper representation in legal matters.
  • Form 12.940(a): The Verified Answer to Petition for Dissolution of Marriage requires financial information. Both forms help outline a person's financial status during divorce proceedings.
  • Form 12.950(a): The Marital Settlement Agreement may require financial disclosures. Both forms aim to clarify financial rights and responsibilities in family law cases.
  • Form 12.976: The Financial Affidavit Worksheet provides guidance on how to complete the actual financial affidavit. It complements the 12.902(c) by breaking down necessary information.
  • Form 12.930(a): The Motion for Disclosure of Financial Information allows a party to request financial records from another party. It’s similar in that it seeks transparency regarding financial situations.
  • Form 12.983(a): The Financial Affidavit in Child Support cases also requires detailed financial disclosures, similar to the 12.902(c), ultimately impacting support calculations.
  • Form 12.996: The Request for Confidential Filing of Address is similar in that it also deals with confidentiality in sensitive legal matters, protecting personal information.
  • Form 12.041: The Affidavit of Indigency provides a declaration of financial circumstances. While one may assert inability to pay legal fees, the other details current income and expenses.

Dos and Don'ts

When filling out the Financial Affidavit 12 902 C form, consider the following helpful tips:

  • Do ensure that your individual gross income is $50,000 or more, as this is a requirement for using the form.
  • Do fill out the form using clear handwriting or type it in black ink.
  • Do include all sources of income, ensuring that amounts are stated as monthly figures.
  • Do disclose your current employment status accurately and provide details if unemployed.
  • Do sign the form in front of a notary public or deputy clerk after it has been completed.
  • Don’t forget to keep a copy of the signed form for your records before filing it with the court.
  • Don’t include personal information, like your address, if you have confidential concerns.
  • Don’t ignore the requirement to serve a copy of the affidavit on the other party within 45 days.
  • Don’t underestimate or guess income or expenses; conversions should be accurate.
  • Don’t neglect to list any additional jobs or income sources on separate sheets if necessary.

Misconceptions

Here are ten common misconceptions about the Financial Affidavit 12.902(c) form, along with clarifications:

  1. It is only for high-income earners. The form must be used if your individual gross income is $50,000 or more, but this does not mean it only applies to wealthy individuals.
  2. Everyone has to file this form during divorce proceedings. You are exempt if you are filing a simplified dissolution of marriage and both parties have waived the need for financial affidavits.
  3. You can submit a handwritten form. It is important to type or print the form in black ink to ensure it is clear and legible.
  4. Filing the form means the court will automatically grant your requests. Completing the affidavit is part of the process, but the court will still evaluate all evidence before making a ruling.
  5. Date of retirement needs to be included only if currently retired. If retired, you must provide the date of retirement; it is not optional.
  6. Your address must always be included. If you are a victim of certain crimes and wish to keep your address confidential, you should file a specific request instead of entering your address.
  7. The affidavit must reflect only current expenses. If your current expenses differ from what you typically pay, you can estimate those amounts and indicate this in the application.
  8. Only lawyers can help complete this form. Nonlawyers can assist, but they must provide a disclosure form and include their information at the end of the affidavit.
  9. Income can be reported in any time frame. You must report your income and expenses on a monthly basis, even if you are paid or billed on a different schedule.
  10. The forms remain static and do not change. Always check for the latest version of the form and guidelines since rules and procedures may be updated over time.

Understanding these points will help clarify the process and assist with accurate completion of the Financial Affidavit.

Key takeaways

  • This form is required when an individual’s gross income is $50,000 or more annually, except under specific conditions, such as simplified dissolution or lack of jurisdiction.
  • Completing the Financial Affidavit 12 902 C requires using monthly income and expense figures. If payments are made on a different schedule, conversions must be done to derive monthly amounts.
  • The completed form must be signed before a notary public or deputy clerk before filing it with the circuit court clerk.
  • A copy of the affidavit must be served to the other party within 45 days after being served with the initial petition if not included with the initial papers.
  • Ensuring accuracy is paramount; all sources of income should be reported, including bonuses, commissions, and other forms of remuneration.
  • If confidentiality regarding address and contact details is necessary due to safety concerns, an alternative confidentiality form should be filed instead of including personal information.
  • Assistance from a nonlawyer is permissible but requires that the nonlawyer provides a Disclosure form before assisting with the affidavit.
  • The affidavit includes sections for detailing average monthly expenses, ensuring a comprehensive overview of financial obligations.

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