Get Florida Financial Affidavit Short 12.902(b) Form in PDF Open Editor

Get Florida Financial Affidavit Short 12.902(b) Form in PDF

The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases to provide a clear picture of an individual’s financial situation. This form is particularly useful in divorce and child support proceedings, where understanding each party's finances is crucial. By filling out this affidavit, individuals can ensure that their financial disclosures are transparent and accurate.

Open Editor

What to Know About This Form

  1. What is the Florida Financial Affidavit Short 12.902(b) form?

    The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases, primarily during divorce proceedings. It provides a summary of an individual's financial situation, including income, expenses, assets, and liabilities. This form helps the court understand each party's financial circumstances, which can be crucial in determining alimony, child support, and property division.

  2. Who needs to fill out this form?

    Typically, both parties in a divorce or paternity case are required to complete a financial affidavit. This includes individuals seeking child support or alimony. Filling out this form accurately is essential, as it ensures that the court has a clear picture of each party's financial status.

  3. How do I obtain the form?

    The Florida Financial Affidavit Short 12.902(b) form can be easily accessed online through the Florida State Courts website or your local county clerk's office. Additionally, many legal aid organizations offer assistance in obtaining and completing the form.

  4. What information is required on the form?

    The form requires detailed information about your income, monthly expenses, assets (such as property and bank accounts), and debts (like loans and credit card balances). You will also need to provide information about your employment and any other sources of income.

  5. How should I report my income?

    When reporting your income, be sure to include all sources, such as wages, bonuses, rental income, and any government benefits. If your income varies from month to month, provide an average amount over the past year. Accuracy is key; underreporting can lead to legal consequences.

  6. What if I have no income?

    If you currently have no income, you should still fill out the form. Indicate that you have no income in the appropriate section and provide details about your financial situation, including any support you may be receiving from family or friends.

  7. Is the information on this form confidential?

    The information on the Florida Financial Affidavit Short 12.902(b) form is generally considered part of the public record. However, sensitive information may be protected under certain circumstances. It’s wise to consult with a legal professional if you have concerns about privacy.

  8. What happens if I don’t fill out the form?

    Failing to complete and submit the financial affidavit can have serious consequences. The court may view this as a lack of cooperation, which could negatively impact your case. It is crucial to submit the form by the deadline set by the court.

  9. Can I amend the form later?

    Yes, if your financial situation changes after you submit the form, you can amend it. It is important to keep the court informed of any significant changes, as this can affect ongoing financial obligations like child support or alimony.

Misconceptions

Understanding the Florida Financial Affidavit Short 12.902(b) form is crucial for those navigating financial disclosures in legal matters. Here are some common misconceptions about this form:

  • It’s only for divorce cases. Many people believe this form is exclusively for divorce proceedings. However, it can also be used in other family law matters, such as child support or custody cases.
  • Only one party needs to fill it out. Some think that only one spouse or parent needs to submit the form. In reality, both parties often need to provide their financial information for a fair assessment.
  • The form is optional. Many assume that completing the form is optional. In most cases, it is required by the court to ensure transparency in financial matters.
  • It’s the same as the long financial affidavit. Some people confuse the short form with the longer version. The short form is simplified and may not require as much detail as the long version.
  • It’s only for high-income individuals. There is a belief that only those with significant income need to complete this form. In fact, anyone involved in a legal proceeding regarding finances should accurately report their financial situation.
  • Filling it out accurately isn’t important. Some may think that minor inaccuracies won’t matter. However, providing false information can lead to serious legal consequences.
  • It’s a one-time submission. Many believe they only need to submit the form once. However, updates may be necessary if financial situations change during the legal process.
  • There’s no need for supporting documents. Some think they can complete the form without any backup documentation. In reality, it’s often helpful to provide proof of income and expenses to support the information given.
  • The form is the same in every state. Lastly, some individuals assume that the Florida Financial Affidavit Short 12.902(b) form is the same as financial affidavits in other states. Each state has its own requirements and forms, so it’s important to use the correct one for Florida.

Form Breakdown

Fact Name Description
Purpose The Florida Financial Affidavit Short 12.902(b) form is used to provide a summary of an individual's financial situation in family law cases, such as divorce or child support proceedings.
Governing Law This form is governed by the Florida Family Law Rules of Procedure, specifically Rule 12.902(b).
Required Information The form requires disclosure of income, expenses, assets, and liabilities, allowing the court to assess financial needs and obligations.
Filing Requirement Parties involved in family law cases must file this form with the court, ensuring transparency and fairness in financial matters.
Signature Requirement The individual completing the form must sign it, affirming that the information provided is accurate and complete, under penalty of perjury.

Common mistakes

  1. Inaccurate Income Reporting: One common mistake is underreporting or overreporting income. Ensure that all sources of income are accurately documented. This includes wages, bonuses, freelance work, and any passive income streams.

  2. Neglecting to Include All Assets: Many individuals forget to list certain assets. This can include bank accounts, real estate, vehicles, and investments. Make a comprehensive list to avoid discrepancies.

  3. Omitting Debts: Failing to disclose all liabilities can lead to complications. It's important to list all debts, including credit cards, loans, and mortgages. Transparency is key in these situations.

  4. Incorrect Expense Estimates: Underestimating or overestimating monthly expenses can skew the financial picture. Review past statements to provide accurate figures for housing, utilities, food, and other regular costs.

  5. Inconsistent Information: Inconsistencies between the financial affidavit and other documents can raise red flags. Ensure that all information matches across different forms and statements.

  6. Failure to Update the Form: If circumstances change, such as a job loss or a significant change in expenses, it's crucial to update the affidavit promptly. An outdated form can misrepresent your current financial situation.

Preview - Florida Financial Affidavit Short 12.902(b) Form

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)