Fill a Valid Florida Financial Affidavit Short 12.902(b) Form Launch Editor Now

Fill a Valid Florida Financial Affidavit Short 12.902(b) Form

The Florida Financial Affidavit Short Form 12.902(b) is a legal document used in the state of Florida primarily during divorce proceedings. It requires one to disclose their financial situation in a detailed manner but is designed for individuals with a gross income of less than $50,000 per annum. This form plays a crucial role in ensuring fair financial decisions regarding alimony, child support, and the division of assets and liabilities.

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When navigating through the complexities of family law in the state of Florida, particularly in matters such as divorce or child support, individuals often encounter the requirement to fill out and submit various forms. Among these, the Florida Financial Affidavit Short Form 12.902(b) holds significant importance. This document is designed to provide the court with an accurate summary of an individual's financial status, including their income, expenses, assets, and liabilities. The requirement to submit this form generally applies to those involved in family law cases where the individual's annual gross income is less than $50,000. By meticulously completing this affidavit, parties can ensure that the court has a clear understanding of their financial standing, which is crucial for determining equitable distributions, alimony, child support, and other financial matters inherent to such cases. Hence, the Florida Financial Affidavit Short Form 12.902(b) acts as a critical tool in assisting the court to make informed decisions based on the financial realities presented by each party involved.

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)

Form Characteristics

Fact Detail
1. Purpose The Florida Financial Affidavit Short Form 12.902(b) is used to disclose the financial situation of individuals involved in family law disputes, such as divorce or child support cases, where their annual income is under $50,000.
2. Applicability This form is specifically designed for use by individuals with a gross annual income of less than $50,000.
3. Required by Law Under Florida law, specifically the Florida Family Law Rules of Procedure, providing a financial affidavit in family law cases is mandatory.
4. Sections Included The form includes sections on income, assets, liabilities, and monthly expenses to accurately reflect the individual's financial status.
5. Filing Requirement The affidavit must be filed with the court and served on the other party in the case, as part of the mandatory disclosure requirements.
6. Verification Individuals are required to swear or affirm the truthfulness of the information provided in the form under penalty of perjury.
7. Supporting Documentation Attachments or additional documents are often required to support the claims made in the affidavit, such as pay stubs or tax returns.
8. Amendment Possibility Should an individual’s financial situation change, they are obligated to update the affidavit to offer a current view of their finances.
9. Confidentiality Certain personal financial information may be kept confidential if the individual requests it and the court agrees.
10. Governing Law The affidavit is governed by Florida Statutes and the Florida Family Law Rules of Procedure, ensuring standardization across the state.

How to Use Florida Financial Affidavit Short 12.902(b)

Filling out the Florida Financial Affidavit Short Form 12.902(b) may seem daunting at first, but it's a crucial step in various legal processes, such as family law matters that range from divorce to child support. The detail and accuracy you provide in this document will significantly affect your case. By following these steps, you can ensure that your financial situation is accurately represented in a clear and organized manner. Remember, this affidavit is an opportunity to present your financial details thoroughly, so take your time and double-check all information before submission.

  1. Begin by gathering all necessary financial documents. This includes recent pay stubs, tax returns, bank statements, and any other documentation related to your income, assets, and debts.
  2. Enter your full legal name and the county where the affidavit is being filed at the top of the form.
  3. Input your current occupation and the name of your employer. If you are unemployed, note this and provide the date of your last employment.
  4. Fill out the section titled "Gross Monthly Income." Include all sources of income before deductions. This encompasses wages, salaries, bonuses, commissions, allowances, overtime, tips, and income from businesses.
  5. Under "Deductions from Gross Income," list your taxes, mandatory union dues, mandatory retirement payments, health insurance payments, court-ordered support for other children, and any other mandatory deductions. Subtract these deductions from your gross income to calculate your net monthly income.
  6. In the section marked "Assets and Liabilities," list all your assets (bank accounts, properties, retirement accounts, etc.) and their current values. Follow this by detailing your liabilities (mortgages, loans, credit card debts, etc.) and their outstanding amounts.
  7. For the "Monthly Expenses" section, provide an itemized list of your monthly financial obligations, including rent or mortgage, utilities, groceries, insurance premiums, transportation costs, and any other regular expenses.
  8. If you have dependents, fill in the section on dependents' information, including their names, ages, and the financial contributions you make towards their support.
  9. Carefully review all sections of the affidavit to ensure accuracy and completion. Mistakes or omissions could affect the outcome of your case.
  10. Sign and date the affidavit in the presence of a notary public. Your signature must be notarized to validate the affidavit.

Completing the Florida Financial Affidavit Short Form 12.902(b) with diligence and precision is key to effectively representing your financial status. This document not only provides a snapshot of your current financial situation but also serves as a baseline for financial decisions within legal proceedings. As such, dedicating the necessary time and attention to accurately complete this form is of utmost importance.

Important Queries on Florida Financial Affidavit Short 12.902(b)

What is the Florida Financial Affidavit Short Form 12.902(b)?

The Florida Financial Affidavit Short Form 12.902(b) is a legal document that individuals involved in certain family law cases, such as divorce or child support proceedings, must complete. It provides a concise overview of a person's financial situation. This includes income, expenses, assets, and liabilities. It's used to help the court make informed decisions regarding financial matters such as alimony, child support, and the division of assets and liabilities.

Who is required to complete the Florida Financial Affidavit Short Form 12.902(b)?

This form is typically required from each party in family law cases where the individual's gross annual income is $50,000 or less. It's essential for accurately presenting one's financial status to the court, ensuring fair resolutions in financial disputes or decisions within family law proceedings.

What information do I need to fill out the form?

Completing the form requires detailed financial information, including your current income from all sources, monthly expenses, assets (both tangible and intangible), and all liabilities (debts). This means you'll need to gather documentation such as pay stubs, bills, tax returns, bank statements, and any other records reflecting your financial situation.

How is this form different from the Long Form 12.902(c)?

The Short Form 12.902(b) is for individuals with a gross annual income of $50,000 or less, focusing on providing a succinct summary of financial information. The Long Form 12.902(c) is for those with a gross annual income greater than $50,000, requiring a more detailed disclosure of financial information and assets. The choice between forms depends on your income level, with the long form offering a comprehensive overview suitable for higher income brackets.

Where can I find the Florida Financial Affidavit Short Form 12.902(b)?

This form can be obtained from the Florida Courts website, local courthouses, or legal assistance offices. It may also be available through legal software or a legal representative. Always ensure you are using the most current version of the form, as updates are made to comply with changes in the law.

What happens if I don't submit this form in my family law case?

Failing to submit the required financial affidavit can result in significant delays in your case. Moreover, the court may also impose penalties for non-compliance, including fines or other sanctions. Accurate and timely submission of this form is crucial for the fair resolution of your case.

Can the information I provide in the Florida Financial Affidavit Short Form 12.902(b) be used against me?

Yes, the information you provide on the form must be accurate and truthful. This information can and will be used in court proceedings to make determinations about financial obligations and rights. Falsifying information or omitting material facts can lead to legal penalties, including charges of perjury. Therefore, it's vital to complete the affidavit fully and accurately.

Common mistakes

Filling out the Florida Financial Affidavit Short Form 12.902(b) can be daunting. Making mistakes on this form can have significant consequences. It's a critical component of many legal processes, including divorce and child support modifications. Here are six common mistakes people make when completing this document:

  1. Not providing complete information: Many individuals unintentionally leave sections blank or provide incomplete responses. The form requires detailed information about your financial status, including income, expenses, assets, and liabilities. It's essential to go through each item carefully and provide comprehensive and accurate details.

  2. Underestimating monthly expenses: It's common for people to forget about annual or infrequent expenses when calculating their monthly expenditures. However, providing an accurate account of your monthly spending is crucial. Remember to consider all expenses, including those that don't occur monthly, by averaging them over the year.

  3. Overlooking assets: Sometimes, people fail to list all their assets. Assets aren't just limited to bank accounts and real estate; they also include personal property, retirement accounts, and even valuable collections or jewelry. Ensure every asset, no matter how insignificant it might seem, is accounted for on the affidavit.

  4. Miscalculating income: A frequent error is incorrectly calculating income, especially if it varies, such as commissions or bonuses. For accuracy, review the past year and calculate an average monthly income. Don't forget to include all sources of income, such as rental income, dividends, or child support received from others.

  5. Failing to update the affidavit: Financial situations can change rapidly. If there are significant changes to your financial situation after you've submitted the affidavit but before your case is concluded, it's crucial to submit an updated form. This ensures that all decisions are based on the most current information.

  6. Not reviewing for accuracy: Before submitting the affidavit, review it thoroughly. Mistakes, no matter how small, can delay proceedings and impact the outcome of your case. If possible, have a trusted advisor or attorney review the document to catch errors or omissions you might have overlooked.

Completing the Florida Financial Affidavit Short Form 12.902(b) accurately reflects your financial situation. Avoiding these common mistakes can help streamline the legal process and protect your interests. Always approach this task with attention to detail and consider seeking professional assistance to ensure accuracy.

Documents used along the form

In legal proceedings, particularly those involving family law in Florida, the Financial Affidavit Short Form 12.902(b) is a critical document. It provides a snapshot of the financial status of an individual, disclosing income, expenses, assets, and liabilities. However, this form rarely stands alone. Other documents often accompany it, each serving a specific purpose in providing a comprehensive financial picture or supporting the information contained within the affidavit. Understanding these associated forms can enhance one's preparedness for the legal process.

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This document is essential in cases involving children. It provides the court with the child's residence history, aiding in jurisdictional determinations and custody arrangements.
  • Marital Settlement Agreement: Often used alongside the Financial Affidavit in divorce proceedings, this agreement outlines the division of assets, liabilities, spousal support, and, if applicable, child support and custody arrangements agreed upon by both parties.
  • Petition for Dissolution of Marriage: This is the initial document filed to begin divorce proceedings. It identifies the parties involved, outlines the grounds for divorce, and may also include preliminary requests for financial support, custody, and division of property.
  • Child Support Guidelines Worksheet: When child support is an issue, this form calculates the support obligation based on both parents' incomes, allowable deductions, and the needs of the child, as guided by Florida law.
  • Notice of Social Security Number: This form is required in family law cases to ensure accurate identification of parties and enforcement of orders. It includes the social security numbers of the parties and, if applicable, any dependent children involved in the case.
  • Mandatory Disclosure: This rule requires both parties in a family law case to exchange specific financial documents, such as tax returns, pay stubs, and bank statements, within a prescribed period. It ensures that the financial affidavit and related negotiations or judicial decisions are based on complete and accurate information.

Comprehending the purpose and requirements of these documents can significantly impact the outcome of family law proceedings. By ensuring accurate and complete disclosures, individuals can facilitate a smoother legal process, whether navigating through divorce, child custody, or support matters. Proper documentation supports the establishment of fair and equitable resolutions, reflecting the financial realities and needs of all parties involved.

Similar forms

The Florida Financial Affidavit Long Form 12.902(c) is very similar to the Short Form 12.902(b) in its core purpose, as both are designed to disclose an individual's financial status in family law cases. However, the Long Form is required when an individual's annual gross income exceeds a certain threshold, necessitating a more detailed account of finances, including assets, liabilities, income, and monthly expenses. This level of detail is necessary for cases involving substantial financial disputes or complexities.

The Uniform Child Support Affidavit is another document with similarities to the Florida Financial Affidavit Short Form 12.902(b), as it also focuses on the financial aspects of family law. This affidavit is used specifically in child support cases to establish the financial status of both parents. It aids in calculating the appropriate amount of child support, taking into account income, expenses, and the financial needs of the child or children involved.

The Florida Family Law Rules of Procedure Form 12.932, Certificate of Compliance with Mandatory Disclosure, shares a common goal with the Financial Affidavit Short Form by requiring parties in a family law case to disclose their financial information. This mandatory disclosure aims to ensure transparency and fairness in the negotiation and determination of financial issues, such as alimony, child support, and property division.

Personal Financial Statement forms, often used by banks and lending institutions, have similarities to the Florida Financial Affidavit Short Form 12.902(b). Although used in different contexts, both documents require the individual to disclose their financial status, outlining assets, liabilities, income, and expenses. This information is critical for assessing one's financial health, whether for legal proceedings or financial transactions like loans.

The Declaration of Financial Affairs in bankruptcy cases is akin to the Florida Financial Affidavit Short Form. This declaration necessitates a comprehensive listing of an individual's financial transactions, assets, liabilities, and current financial status. It's a pivotal document in bankruptcy proceedings, affecting decisions on asset liquidation and debt reorganization, similar to how the financial affidavit influences financial decisions in family law.

The Marital Settlement Agreement for Dissolution of Marriage, while not strictly a financial document, often incorporates information from the Financial Affidavit. It outlines the terms of the divorce, including the division of assets, debts, alimony, and child support. The financial disclosure provided by the affidavit ensures that the settlement is based on accurate and comprehensive financial information from both parties.

The Income and Expense Declaration form used in family law also parallels the Florida Financial Affidavit Short Form 12.902(b) by requiring detailed disclosure of an individual's financial situation. This form typically supports requests for spousal or child support, offering a snapshot of the individual's ability to pay or need for support, based on their income, expenses, assets, and debts.

The Property Declaration in family law, which inventories individual or joint assets and liabilities in a divorce or separation case, shares objectives with the financial affidavit. It ensures that all property is accounted for and valuably assessed when determining property division, providing a comprehensive picture of both parties' financial circumstances in the context of marital dissolution.

The Pretrial Statement in family law cases, though broader in scope, often requires a section on financial disclosure similar to the information found in the Florida Financial Affidavit Short Form. This statement organizes the case's issues, evidence, and witness lists for trial and includes financial information critical for resolving disputes over assets, liabilities, support, and attorney's fees. The accurate financial disclosure from the affidavit plays a crucial role in this strategic document.

Last is the Asset and Liability Statement, commonly used in various legal contexts, including business partnerships, loan applications, and divorce proceedings. Similar to the Florida Financial Affidavit Short Form, it requires a thorough listing of all assets and liabilities, providing a clear financial snapshot of an individual or entity. This statement is vital for assessing worth in negotiations, settlements, or financial assessments.

Dos and Don'ts

When dealing with the Florida Financial Affidavit Short Form 12.902(b), it's important to approach the task with care and accuracy. This document is crucial in various family law matters, including divorce, child support, and alimony proceedings. The following list includes things you should and shouldn't do to ensure the process is handled correctly.

Do's:
  • Review the entire form before starting: Make sure you understand all the sections and what information is required.
  • Gather all necessary documentation: Before filling out the form, collect all relevant financial documents, such as bank statements, pay stubs, and tax returns.
  • Be accurate: Provide precise figures for your income, expenses, assets, and liabilities. Estimates are allowed in some cases, but they must be reasonable and based on actual data.
  • Consider all sources of income: This includes wages, salaries, bonuses, commissions, rental income, and any other sources. Ensure nothing is omitted.
  • Review and update the form as needed: If your financial situation changes while your case is still active, update the form to reflect your current circumstances.
  • Seek legal advice if unsure: If there are any parts of the form you don’t understand or if you’re unsure about how to disclose certain information, consult with a legal professional.
  • Sign the form in the presence of a notary: Once completed, the form must be notarized to validate your signature.
Don'ts:
  • Don't guess or make assumptions: If you're unsure about a figure, take the time to verify it. Incorrect information can lead to problems with your case.
  • Don't leave sections blank: If a section does not apply to you, write “N/A” (not applicable) instead of leaving it empty. This shows you did not overlook the section.
  • Don't underestimate expenses: Be thorough when calculating your monthly expenses. Forgetting items or underestimating costs can affect the accuracy of your financial portrayal.
  • Don't overlook the importance of documentation: Failing to attach supporting documents or evidence can weaken your position. Always keep copies for your records.

By following these guidelines, you can fill out the Florida Financial Affidavit Short Form 12.902(b) with confidence, ensuring your financial information is presented accurately and comprehensively.

Misconceptions

Navigating the paperwork for legal proceedings in Florida can often seem daunting, especially when it comes to financial affidavits. The Florida Financial Affidavit Short Form 12.902(b) is a document commonly used in family law cases, but there are many misconceptions about it. Understanding what these misconceptions are and clarifying them can help individuals approach this form with more confidence.

  • Only for Divorce Cases: A common misconception is that the Form 12.902(b) is exclusively for divorce cases. While it is frequently used in divorces, it’s also applicable in other family law matters, such as child support and custody adjustments.

  • Complicated to Complete: People often think that completing the Form 12.902(b) is complicated. In reality, this "short form" is designed for simplicity, aimed at individuals with a gross annual income of $50,000 or less, making it less cumbersome to fill out than its long form counterpart.

  • Requires Legal Assistance: Another myth is that you must have a lawyer to complete this form accurately. While legal advice is always beneficial, especially in complex cases, the form comes with instructions designed to be followed by individuals without legal assistance.

  • Only Personal Income Information is Needed: Some may believe that only personal income information is required. However, the form also asks for details about assets and liabilities, giving a comprehensive snapshot of one’s financial situation.

  • No Need to Update: There’s a misconception that once submitted, the information on the form doesn't need updating. In fact, if there are significant changes to your financial situation, you may need to submit a new form or update the existing one.

  • Not Necessary if Agreed on Finances: Even if both parties agree on financial matters, the court still requires this affidavit to ensure fair and informed decisions. It's a crucial step in the legal process, not just a formality.

  • Assets and Debts Outside Florida Don’t Count: Some people mistakenly think that only assets and debts within Florida need to be disclosed. The truth is, the form requires disclosure of all assets and debts, regardless of where they are located.

  • Income from Illegal Activities Need Not Be Disclosed: All income, regardless of its source, must be disclosed on the form. This includes income that may come from “under the table” jobs or even illegal activities.

  • Not Required for Temporary Support Hearings: Another misunderstanding is that this affidavit isn’t necessary for proceedings like temporary support hearings. Actually, it is often crucial in these situations to provide the court with an immediate understanding of each party's financial situation.

  • One Form Fits All: Lastly, there's the assumption that the short form 12.902(b) fits all financial situations under the $50,000 income threshold. Depending on the complexity of one’s financial circumstances, more detailed documentation might be necessary, even if the income is under the specified limit.

Clearing up these misconceptions enables individuals to handle their legal situations with a better understanding and less apprehension about the process. While the Florida Financial Affidavit Short Form 12.902(b) is a key document in family law cases, approaching it with accurate knowledge can make the legal journey smoother and more manageable.

Key takeaways

The Florida Financial Affidavit Short Form 12.902(b) is a crucial document used in divorce cases and other family law matters. It provides a snapshot of a person's financial situation. Below are key takeaways to consider when filling out and using this form:

  • The form is intended for individuals with a gross annual income of less than $50,000.
  • Accuracy is paramount when completing this affidavit. All income, assets, and liabilities must be reported truthfully to ensure fairness in the proceedings.
  • Income sources include, but are not limited to, wages, bonuses, commissions, allowances, overtime, tips, and business income.
  • Monthly expenses should be calculated and reported as accurately as possible. This includes rent or mortgage, utilities, groceries, insurance payments, and any other regular expenses.
  • Assets such as bank accounts, real estate, vehicles, and personal property of value must be disclosed.
  • Liabilities like loans, credit card debt, and mortgages must be detailed, showing balances and monthly payment amounts.
  • Proof of income and expenses, such as pay stubs, bills, and statements, may need to be attached or presented upon request.
  • The affidavit must be signed in the presence of a notary public or deputy clerk, making it a sworn statement subject to perjury laws.
  • Both parties in a divorce or family law case typically must complete their own financial affidavit form.
  • Consulting with a legal professional for assistance in filling out the form can help prevent errors and omissions that could impact the case.

This form plays a critical role in ensuring a fair assessment of financial matters in family law cases. Its completion should be approached with diligence and honesty.

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