Homepage Fill a Valid Florida Financial Affidavit Short 12.902(b) Form
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The Florida Financial Affidavit Short 12.902(b) form plays a crucial role in the state's family law proceedings, particularly in divorce cases and child support determinations. This form is designed to provide a concise yet comprehensive overview of an individual's financial situation. It includes essential details such as income, expenses, assets, and liabilities, allowing the court to assess the financial standing of each party involved. By utilizing this streamlined version, individuals can present their financial information without overwhelming complexity, making it easier for both the court and the parties to understand the economic realities at play. The form requires accuracy and completeness, as any discrepancies can lead to complications in legal proceedings. Furthermore, it serves as a vital tool for ensuring fairness in the distribution of assets and the determination of support obligations, ultimately helping to facilitate equitable outcomes for families navigating the challenges of separation or divorce.

Similar forms

  • Florida Financial Affidavit Long Form (12.902(a)): This document provides a more detailed account of an individual's financial situation. While the Short form is concise, the Long form includes additional sections for assets, liabilities, income, and expenses, offering a comprehensive view of finances.

  • Income and Expense Statement: Similar to the Florida Financial Affidavit, this statement outlines an individual's income sources and monthly expenses. It serves to provide a clear picture of one's financial obligations and earnings, often used in divorce or child support cases.

  • Net Worth Statement: This document summarizes an individual's total assets and liabilities, ultimately calculating net worth. Like the Florida Financial Affidavit, it helps in assessing financial standing, particularly in legal matters such as divorce or bankruptcy.

  • Debt Disclosure Statement: This statement lists all outstanding debts, including credit cards, loans, and other financial obligations. It is similar to the Florida Financial Affidavit in that it aims to provide a clear view of one’s financial responsibilities.

  • The California Residential Lease Agreement not only details tenant and landlord obligations but also integrates essential elements to protect both parties, similar to the Residential Property Lease Contract that aids in establishing clear rental terms.
  • Tax Return Documents: Recent tax returns provide insight into an individual's income and financial situation. These documents are often used alongside the Florida Financial Affidavit to verify income and support claims made in financial disclosures.

Document Example

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (01/15)

When should this form be used?

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

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

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

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

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

What should I do next?

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

Where can I look for more information?

Before proceeding, you should read “General Information for 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)

Form Specs

Fact Name Description
Purpose The Florida Financial Affidavit Short 12.902(b) form is used to disclose financial information in family law cases, such as divorce or child support proceedings.
Governing Law This form is governed by Florida Statutes Chapter 61, which deals with dissolution of marriage and related financial matters.
Short Form The "short" version is intended for individuals with simpler financial situations, making it easier to complete and review.
Required Information It requires details about income, expenses, assets, and liabilities, providing a clear picture of an individual's financial status.
Filing Requirement Parties involved in family law cases must file this affidavit with the court as part of the initial paperwork.
Affidavit Nature This form is a sworn statement, meaning that the information provided must be truthful and accurate under penalty of perjury.
Confidentiality While the form is filed with the court, some financial details may be kept confidential, depending on the case circumstances.
Updates Parties must update the affidavit if there are significant changes in their financial situation during the case.
Legal Assistance It is advisable to seek legal assistance when completing this form to ensure all information is accurately represented.
Consequences of Inaccuracy Providing false information on the affidavit can lead to serious legal consequences, including penalties or unfavorable court rulings.

Crucial Questions on This Form

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 primarily in family law cases, such as divorce or child support proceedings. This form provides a simplified way for individuals to disclose their financial information to the court. It helps determine financial obligations and support arrangements.

Who needs to complete this form?

This form is typically required for individuals involved in family law cases where financial support is being determined. If you are seeking alimony, child support, or need to disclose your finances during a divorce, you will likely need to complete the 12.902(b) form.

How do I fill out the Florida Financial Affidavit Short 12.902(b) form?

To fill out the form, follow these steps:

  1. Gather your financial documents, including income statements, bank statements, and any other relevant information.
  2. Provide your personal information, such as your name, address, and case number.
  3. Detail your income sources, including salary, bonuses, and any other earnings.
  4. List your monthly expenses, such as housing costs, utilities, and other living expenses.
  5. Sign and date the form to certify that the information is accurate.

Is there a fee to file the Florida Financial Affidavit Short 12.902(b) form?

There is no fee specifically for filing the Florida Financial Affidavit Short 12.902(b) form. However, you may incur fees when submitting other court documents or if you are required to pay court costs associated with your case. Always check with your local court for any applicable fees.

What happens if I do not submit this form?

Failing to submit the Florida Financial Affidavit Short 12.902(b) form can have serious consequences. The court may delay your case or make decisions regarding financial support without your input. In some instances, the court may impose penalties or sanctions for non-compliance.

Can I amend the form after submitting it?

Yes, you can amend the Florida Financial Affidavit Short 12.902(b) form after submitting it. If your financial situation changes or if you discover an error, you should complete a new affidavit and submit it to the court. It is important to keep your financial information up to date to ensure fair proceedings.

Where do I file the Florida Financial Affidavit Short 12.902(b) form?

You should file the form with the family law court in the county where your case is being heard. Each county may have specific filing requirements, so it's advisable to check with the local court clerk's office for guidance on submission procedures.

Can I get help with filling out this form?

Yes, assistance is available for completing the Florida Financial Affidavit Short 12.902(b) form. You can seek help from legal aid organizations, family law attorneys, or court self-help centers. They can provide guidance on how to accurately fill out the form and ensure that you meet all necessary requirements.

Documents used along the form

The Florida Financial Affidavit Short 12.902(b) form is commonly used in family law cases, particularly during divorce proceedings. It provides a snapshot of an individual's financial situation. To effectively navigate these legal matters, several other forms and documents are often utilized alongside this affidavit. Below is a list of related documents that can help provide a comprehensive view of one’s financial status and obligations.

  • Florida Family Law Rules of Procedure Form 12.901(b): This form is a petition for dissolution of marriage. It initiates the divorce process and outlines the basic information about the marriage and the parties involved.
  • Florida Family Law Rules of Procedure Form 12.901(a): This is the petition for simplified dissolution of marriage. It is used when both parties agree on all issues and wish to expedite the divorce process.
  • Florida Family Law Rules of Procedure Form 12.902(a): This long financial affidavit is more detailed than the short version. It provides a thorough breakdown of income, expenses, assets, and liabilities.
  • Florida Family Law Rules of Procedure Form 12.940(a): This is a motion for temporary relief. It requests the court to grant temporary orders regarding child support, alimony, or other financial matters during the divorce process.
  • Florida Family Law Rules of Procedure Form 12.941: This form is used for the notice of hearing. It informs all parties involved of the date, time, and location of court hearings related to the case.
  • Florida Family Law Rules of Procedure Form 12.942: This is a certificate of compliance with mandatory disclosure. It confirms that both parties have exchanged financial documents as required by law.
  • Florida Family Law Rules of Procedure Form 12.950: This form is used for a marital settlement agreement. It details the terms both parties have agreed upon regarding property division, support, and other related issues.
  • Trailer Bill of Sale: This form is necessary for properly transferring ownership of a trailer and serves as a receipt for the transaction, ensuring the buyer can download it now for legal purposes.
  • Financial Documents: This includes bank statements, tax returns, pay stubs, and any other relevant financial records. These documents support the information provided in the financial affidavit and may be required by the court.

Understanding these forms and documents is crucial for anyone involved in a divorce or family law case in Florida. Each document plays a significant role in ensuring that all financial aspects are accurately represented and considered by the court. Being well-prepared can lead to a smoother legal process.

Misconceptions

Understanding the Florida Financial Affidavit Short 12.902(b) form is crucial for individuals navigating financial disclosures in legal proceedings. However, several misconceptions can lead to confusion. Here are five common misconceptions:

  1. It is only required in divorce cases.

    Many believe that this form is exclusively for divorce proceedings. In reality, it may also be necessary in other family law matters, such as child support or alimony modifications.

  2. Completing the form is optional.

    Some individuals think they can choose not to fill out the form. However, submitting the financial affidavit is often mandatory in cases where financial information is relevant to the court's decisions.

  3. All financial details must be included.

    There is a misconception that every single financial detail must be reported. The form requires disclosure of significant assets and liabilities, but not every minor expense needs to be listed.

  4. The form does not need to be updated.

    Some people assume that once the form is submitted, it remains valid indefinitely. It is essential to update the affidavit if there are significant changes in financial circumstances before the court's final decision.

  5. It can be completed quickly without preparation.

    Many underestimate the time needed to accurately complete the form. Gathering necessary financial documents and information can take longer than expected, so it is advisable to start early.

Addressing these misconceptions can lead to a smoother legal process and ensure compliance with court requirements.