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

Misconceptions

There are several misconceptions surrounding the Florida Financial Affidavit Short 12.902(b) form. Understanding these can help individuals navigate the financial disclosure process more effectively.

  • Misconception 1: The form is only for divorces.
  • This form is often associated with divorce proceedings, but it can also be required in other family law cases, such as child support modifications or paternity actions.

  • Misconception 2: You only need to fill it out if you have significant assets.
  • All parties involved in family law cases must complete the form, regardless of the value of their assets. Full disclosure is essential.

  • Misconception 3: The form is optional.
  • This form is mandatory in many cases. Failing to submit it can lead to delays or complications in your case.

  • Misconception 4: You can estimate your income and expenses.
  • Accurate figures are required. Estimates can lead to serious issues, including legal penalties.

  • Misconception 5: The form is the same for everyone.
  • While there is a standard format, individual circumstances can lead to variations in how the form is completed.

  • Misconception 6: You can submit the form at any time.
  • There are specific deadlines for submitting the form, often tied to court dates. Timeliness is crucial.

  • Misconception 7: You do not need to provide supporting documents.
  • In many cases, you must provide documentation to back up the information on the form, such as pay stubs or bank statements.

  • Misconception 8: Once submitted, you cannot make changes.
  • If you discover errors or changes in your financial situation, you can amend the form. It’s important to keep the information current.

Steps to Writing Florida Financial Affidavit Short 12.902(b)

Completing the Florida Financial Affidavit Short 12.902(b) form is essential for your financial disclosure during legal proceedings. This guide will help you navigate the process effectively, ensuring you provide accurate information.

  1. Gather necessary documents. Collect all relevant financial information, including income statements, bank statements, and any other documents that detail your financial situation.
  2. Download the form. Access the Florida Financial Affidavit Short 12.902(b) from the Florida Courts website or obtain a physical copy from your local courthouse.
  3. Fill out your personal information. Enter your full name, address, and contact details at the top of the form.
  4. Complete the income section. List all sources of income, including employment, self-employment, rental income, and any other earnings. Be specific and provide amounts.
  5. Detail your expenses. Outline your monthly expenses, such as housing, utilities, food, transportation, and any other regular costs. Ensure these figures are accurate.
  6. List assets and liabilities. Provide a comprehensive account of your assets, like bank accounts, real estate, and vehicles. Also, include your debts, such as loans and credit card balances.
  7. Review the form. Double-check all entries for accuracy and completeness. Ensure that no sections are left blank unless specified.
  8. Sign and date the form. Your signature confirms that the information provided is true and accurate to the best of your knowledge.
  9. Submit the form. File the completed affidavit with the appropriate court. Keep a copy for your records.

Once you have submitted the form, be prepared for any follow-up questions or requests for additional documentation from the court or opposing party. Staying organized will help you respond promptly.

Common mistakes

Filling out the Florida Financial Affidavit Short 12.902(b) form can be a daunting task, and mistakes can lead to delays or complications in your case. One common mistake is failing to provide accurate income information. It’s crucial to report all sources of income, including wages, bonuses, and any side jobs. Omitting even a small amount can raise red flags and may lead to questions about your honesty.

Another frequent error is not updating the form when circumstances change. If you experience a change in income, such as a job loss or a raise, it’s essential to reflect that in your affidavit. This ensures that the information remains relevant and accurate, which is vital for your case.

Many individuals also overlook the importance of listing all expenses. It’s not enough to include just the major bills; every expense counts. From groceries to insurance, detailing all financial obligations gives a clearer picture of your financial situation.

Some people make the mistake of using vague descriptions for their expenses. Instead of simply stating “utilities,” be specific and break it down into categories like electricity, water, and gas. This level of detail can help avoid misunderstandings and provide clarity to your financial situation.

Inaccurate asset reporting is another area where mistakes commonly occur. It’s vital to list all assets, including bank accounts, property, and investments. Failing to disclose an asset, even unintentionally, can lead to serious repercussions.

Many individuals also forget to sign and date the affidavit. This may seem minor, but an unsigned form is considered incomplete and will not be accepted by the court. Always double-check that you have signed and dated the document before submission.

Another mistake is neglecting to provide supporting documentation. While the affidavit itself is crucial, accompanying documents such as pay stubs, tax returns, and bank statements can strengthen your case. These documents offer proof of the information you provide.

Some people rush through the form, leading to careless errors. Take your time to review each section thoroughly. Rushing can result in typos or inaccurate figures, which can complicate matters later.

Lastly, failing to seek assistance when needed can be detrimental. If you’re unsure about any part of the form, consider consulting with a professional or seeking guidance from resources available in your community. It’s better to ask for help than to submit an incomplete or incorrect affidavit.

Form Data

Fact Name Description
Purpose The Florida Financial Affidavit Short (Form 12.902(b)) is used to provide a simplified overview of an individual's financial situation during family law proceedings, such as divorce or child support cases.
Governing Law This form is governed by the Florida Family Law Rules of Procedure, specifically Rule 12.902, which outlines the requirements for financial disclosures in family law cases.
Eligibility The short form is typically intended for individuals whose financial circumstances are straightforward, making it easier and quicker to complete compared to the long version of the financial affidavit.
Required Information The form requires basic financial details, including income, expenses, assets, and liabilities, allowing the court to assess financial needs and obligations effectively.
Filing Requirements Parties must file the completed form with the court and serve it to the other party involved in the case, ensuring transparency and fairness in financial matters.

Frequently Asked Questions

  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, particularly during divorce or child support proceedings. This form provides a summary of an individual's financial situation, including income, expenses, assets, and liabilities. It helps the court understand each party's financial status to make informed decisions regarding support obligations and property division.

  2. Who needs to complete this form?

    Typically, both parties involved in a divorce or child support case must complete a financial affidavit. The court requires this information to assess financial needs and obligations accurately. Even if you believe your financial situation is straightforward, filling out the form is essential to comply with legal requirements.

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

    Filling out the form involves providing detailed information about your finances. Start by listing your income sources, such as salary, bonuses, and any other earnings. Next, outline your monthly expenses, including housing, utilities, and personal costs. Additionally, you will need to disclose your assets, like bank accounts and property, as well as any debts you owe. Accuracy is crucial, as any discrepancies can lead to legal complications.

  4. What happens if I don’t submit this form?

    Failing to submit the Florida Financial Affidavit Short 12.902(b) form can significantly impact your case. The court may view this as a lack of transparency and could make decisions that are unfavorable to you. In some instances, the court may even delay proceedings until the required documentation is provided. It’s in your best interest to ensure that this form is completed and submitted on time.

Documents used along the form

When navigating family law matters in Florida, particularly in divorce or child support cases, the Florida Financial Affidavit Short 12.902(b) form is often required. However, it is essential to be aware of other documents that may accompany this form to ensure a complete financial picture is presented. Here’s a list of commonly used forms and documents that may be needed alongside the Florida Financial Affidavit Short.

  • Florida Family Law Rules of Procedure Form 12.901(b): This is the Petition for Dissolution of Marriage. It initiates the divorce process and outlines the basic information about the marriage and the parties involved.
  • Deed in Lieu of Foreclosure: This form, often utilized in mortgage agreements, allows homeowners to voluntarily relinquish their property ownership to the lender, providing a way to prevent foreclosure. More information can be found at nyforms.com.
  • Florida Family Law Rules of Procedure Form 12.901(e): This is the Answer to Petition for Dissolution of Marriage. It allows the responding party to address the claims made in the petition and provide their own perspective.
  • Florida Family Law Rules of Procedure Form 12.902(a): The long version of the Financial Affidavit. This form provides a more detailed account of financial information, including income, expenses, assets, and liabilities.
  • Child Support Guidelines Worksheet: This document calculates the expected child support obligations based on the income of both parents and the needs of the children involved.
  • Marital Settlement Agreement: This is a written agreement between the parties outlining the terms of their divorce, including asset division, child custody, and support arrangements.
  • Notice of Social Security Number: This form is required to disclose each party's Social Security number for identification purposes in court proceedings.
  • Certificate of Compliance with Mandatory Disclosure: This document confirms that both parties have provided the necessary financial disclosures as required by Florida law.
  • Parenting Plan: This is a detailed plan that addresses the custody and visitation arrangements for the children, ensuring their best interests are prioritized.
  • Affidavit of Corroborating Witness: This affidavit can support claims made in the financial affidavit or other documents, providing additional testimony regarding financial circumstances.
  • Financial Disclosure Statement: This document summarizes the financial situation of each party, often used in mediation or settlement discussions.

Understanding these documents and their purposes can significantly impact the outcome of your case. Ensuring that you have all necessary forms completed and submitted accurately is crucial in family law proceedings. It is advisable to consult with a legal professional to navigate this complex landscape effectively.

Document Sample

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)