The Florida Financial Affidavit Short 12.902(b) form is a crucial document used in family law cases, particularly for individuals seeking to disclose their financial situation during divorce or child support proceedings. This form simplifies the financial disclosure process, allowing for a clearer understanding of one’s income, expenses, assets, and liabilities. To ensure accurate and complete financial representation, consider filling out the form by clicking the button below.
The Florida Financial Affidavit Short 12.902(b) form plays a crucial role in family law proceedings, particularly in divorce cases. This form is designed to provide a clear snapshot of an individual's financial situation, helping the court make informed decisions regarding alimony, child support, and other financial obligations. It requires individuals to disclose their income, expenses, assets, and liabilities in a straightforward manner. By simplifying the financial disclosure process, the form aims to promote transparency and fairness during legal proceedings. Both parties must complete this form accurately, as it serves as a foundation for negotiations and potential court rulings. Understanding how to fill out the 12.902(b) form correctly is essential for anyone involved in family law matters in Florida, ensuring that all financial information is presented clearly and comprehensively.
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORM 12.902(b)
FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)
(10/21)
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. You should file this document 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 filed with the court and served on the other party or his or her attorney 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. The copy you are serving to the other party must be either mailed, e-mailed, or hand-delivered to the opposing party or his or her attorney on the same day indicated on the certificate of service. If it is mailed, it must be postmarked on the date indicated in the certificate of service. Service must be in accordance with Florida Rule of General Practice and Judicial Administration 2.516.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of General Practice and Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e- mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Florida Rules of General Practice and Judicial Administration. If you elect to participate in
Instructions for Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (10/21)
electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of General Practice and Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of General Practice and Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by email, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of General Practice and Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.285.
Special notes . . .
If you want to keep your address confidential because you have been found by a judge to be 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.
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
52 Weeks per year
=
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
Days worked per week
Weekly - If you are paid by the week, you may convert your income to monthly as follows:
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
26
Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:
Semi-monthly amount x
2
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.
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
,
Division:
Petitioner,
and
Respondent.
(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): $ _______
Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (10/21)
10._______ Monthly interest and dividends
11._______ Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.)
12._______ Monthly income from royalties, trusts, or estates
13._______ Monthly reimbursed expenses and in-kind payments to the extent that they
reduce personal living expenses
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)
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:
E. OTHER EXPENSES NOT LISTED ABOVE
Mortgage or rent
$
_
Clothing
Property taxes
Medical/Dental (uninsured)
Utilities
Grooming
Telephone
Entertainment
Food
Gifts
Meals outside home
Religious organizations
Maintenance/Repairs
Miscellaneous
Other: __________
Other: ______________
____________________
B. AUTOMOBILE
Gasoline
Repairs
Insurance
C. CHILD(REN)’S EXPENSES
F. PAYMENTS TO CREDITORS
Day care
Lunch money
CREDITOR:
MONTHLY
PAYMENT
Gifts for holidays
$ _
D. INSURANCE
Medical/Dental (if not listed on
lines 23 or 45)
Child(ren)’s medical/dental
Life
Other:
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 owned by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any asset(s) which you are requesting the judge award to you.
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
Nonmarital
Current (check correct column) Fair
Market
Value Petitioner Respondent $
____Check here if additional pages are attached.
Total Assets (add next column)
B. LIABILITIES:
DESCRIPTION OF ITEM(S). List a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any debt(s) for which you believe you should be responsible.
Mortgages on real estate: First mortgage on home
Second mortgage on home
Other mortgages
Auto loans
Charge/credit card accounts
Other
Total Debts (add next column)
Current (check correct column) Amount
Owed
Petitioner Respondent
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
Check the line next to any contingent asset(s) which you are requesting the judge award to you.
Total Contingent Assets
Contingent Liabilities
Check the line next to any contingent debt(s) for which you believe you should be responsible.
Possible (check correct column)
Value
Amount
Owed Petitioner Respondent $
Total Contingent Liabilities
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:
Telephone Number:
Fax Number:
E-mail Address(es):
Under penalties of perjury, I declare that I have read this document and the facts stated in it are true.
Dated:
Signature of Party
Printed Name:
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} ____, {zip code} ______, {telephone number}
.
Filling out the Florida Financial Affidavit Short 12.902(b) form is an important step in certain legal processes. Completing this form accurately is essential for providing a clear picture of your financial situation. Below are the steps to guide you through the process.
The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases. It provides a summary of an individual's financial situation, including income, expenses, assets, and liabilities. This form is often required in divorce proceedings, child support cases, or any situation where financial disclosure is necessary.
Typically, both parties involved in a family law case must complete this form. If you are filing for divorce, seeking child support, or responding to a financial request, you will likely need to provide this financial affidavit to the court. It ensures that both parties have a clear understanding of each other's financial circumstances.
To fill out the Florida Financial Affidavit Short 12.902(b) form, follow these steps:
Failing to submit the Florida Financial Affidavit Short 12.902(b) form can lead to complications in your case. The court may delay proceedings or even dismiss your case. Additionally, not providing this information can negatively impact decisions regarding child support, alimony, or asset division.
Yes, you can make changes to the Florida Financial Affidavit Short 12.902(b) form after submission. If your financial situation changes or if you realize there was an error, you should file an amended affidavit with the court. It’s important to keep the court informed of your current financial status.
You should submit the completed Florida Financial Affidavit Short 12.902(b) form to the family law court in the county where your case is being heard. Make sure to keep a copy for your records and provide copies to the other party involved in the case.
Completing the Florida Financial Affidavit Short 12.902(b) form is a crucial step in various legal proceedings, particularly in family law cases such as divorce or child support. However, many individuals make mistakes that can affect the outcome of their case. Understanding these common errors can help ensure that the form is filled out accurately and completely.
One frequent mistake is failing to provide accurate income information. It is essential to list all sources of income, including wages, bonuses, and any side jobs. Omitting even a small amount can lead to misunderstandings and may impact financial support decisions.
Another common error is not updating the affidavit with recent financial changes. If there has been a change in employment, income, or expenses, it is vital to reflect these changes on the form. Keeping the affidavit current helps ensure that the court has the most accurate information when making decisions.
People often overlook the importance of including all necessary expenses. This includes not only regular monthly bills but also irregular expenses that may arise, such as medical bills or educational costs. Providing a complete picture of financial obligations is necessary for a fair assessment.
Additionally, some individuals may mistakenly underestimate their expenses. It can be tempting to downplay costs to appear more favorable in the eyes of the court. However, this can backfire, as the court may question the accuracy of the information provided.
Another mistake is neglecting to sign and date the affidavit. A missing signature can render the document invalid, leading to delays or complications in the legal process. Always double-check that the form is signed before submission.
Inaccurate or incomplete asset listings also pose a problem. Individuals must disclose all assets, including bank accounts, real estate, and personal property. Failing to do so can lead to legal consequences, including accusations of hiding assets.
Some may also forget to include liabilities, such as loans or credit card debts. Just as assets must be fully disclosed, all debts should be accounted for to provide a complete financial picture.
Another common error is not providing supporting documentation. While the affidavit itself is a declaration of financial status, attaching relevant documents can help substantiate the claims made in the form. This may include pay stubs, tax returns, or bank statements.
Lastly, individuals sometimes fail to seek assistance when needed. Filling out legal forms can be confusing, and it is perfectly acceptable to seek help from a professional. This can prevent costly mistakes and ensure that the form is completed correctly.
By being aware of these common mistakes, individuals can approach the Florida Financial Affidavit Short 12.902(b) form with confidence. Taking the time to review and ensure accuracy can lead to a smoother legal process and better outcomes.
The Florida Financial Affidavit Short 12.902(b) form is often used in family law cases, particularly in divorce proceedings. It provides a snapshot of an individual's financial situation. Alongside this form, several other documents may be required to support the financial disclosures made. Below is a list of commonly associated forms and documents.
Each of these documents plays a significant role in the family law process, ensuring that all financial aspects are transparent and fair. Being prepared with the necessary forms can help facilitate a smoother legal experience.
The Florida Financial Affidavit Short 12.902(b) form is similar to the Long Financial Affidavit 12.902(a) form. Both documents serve the purpose of disclosing an individual's financial situation during divorce or family law proceedings. However, the Long Financial Affidavit is more detailed and requires more extensive information about income, expenses, assets, and liabilities. The Short form is designed for those with simpler financial situations, making it easier and quicker to complete while still providing necessary financial information to the court.
Another document similar to the Florida Financial Affidavit Short is the Child Support Guidelines Worksheet (Form 12.902(e)). This worksheet helps determine the appropriate amount of child support one parent should pay to the other. Like the financial affidavit, it requires the disclosure of income and expenses. However, the focus of the worksheet is specifically on child support calculations, whereas the financial affidavit provides a broader overview of an individual’s financial status.
The Marital Settlement Agreement (MSA) is also comparable to the Florida Financial Affidavit Short. An MSA outlines the terms of a divorce settlement, including asset division, alimony, and child custody arrangements. While the financial affidavit provides a snapshot of financial circumstances, the MSA is a more comprehensive agreement that relies on the financial information disclosed in the affidavit to ensure fair distribution of assets and responsibilities between the parties.
The Affidavit of Indigency (Form 12.902(d)) shares similarities with the financial affidavit as well. Both forms require individuals to disclose their financial information, but the Affidavit of Indigency is specifically used to determine whether a person qualifies for court-appointed counsel or a waiver of court fees. This document focuses on proving financial hardship, while the financial affidavit is typically used in divorce or family law cases to provide a complete picture of financial health.
The Notice of Intent to Relocate (Form 12.942(a)) can also be compared to the Florida Financial Affidavit Short. While the focus of the Notice is on a parent's intention to move and its potential impact on child custody, it requires the disclosure of financial information related to the move. Both documents emphasize the importance of transparency in financial matters, especially when children are involved, but they serve different purposes within the legal process.
The Petition for Dissolution of Marriage (Form 12.901(b)) is another document that bears similarities to the financial affidavit. This petition initiates divorce proceedings and requires parties to provide relevant financial information. While the financial affidavit delves deeper into an individual’s financial situation, the petition includes basic financial details necessary for the court to understand the case context. Both documents are essential for the court to make informed decisions regarding the divorce.
The Parenting Plan (Form 12.995(a)) is also related to the Florida Financial Affidavit Short. While the Parenting Plan outlines the responsibilities and rights of each parent regarding child custody and visitation, it often incorporates financial considerations, such as child support obligations. The financial affidavit provides the necessary context for these financial obligations, ensuring that both parents are aware of their financial responsibilities when creating the Parenting Plan.
The Certificate of Compliance with Mandatory Disclosure (Form 12.932) is another document that can be compared to the financial affidavit. This certificate confirms that both parties have exchanged financial documents as required by Florida law. It ensures transparency in financial dealings during divorce proceedings. The financial affidavit is a key component of this disclosure process, providing a formal statement of an individual's financial situation that complements the other documents exchanged.
Lastly, the Request for Production of Documents (Form 12.351) can be seen as similar to the financial affidavit. This document is used to request specific financial documents from the other party in a legal proceeding. While the financial affidavit provides a summary of financial information, the Request for Production seeks detailed documentation to support or challenge the claims made in the affidavit. Both documents play a vital role in ensuring that the court has access to accurate financial information during legal proceedings.
When filling out the Florida Financial Affidavit Short 12.902(b) form, it's important to keep certain best practices in mind. Here are five things you should and shouldn't do:
The Florida Financial Affidavit Short 12.902(b) form is often misunderstood. Here are seven common misconceptions about this form:
Understanding these misconceptions can help individuals navigate the process more effectively and ensure compliance with court requirements.
Filling out the Florida Financial Affidavit Short 12.902(b) form is an important step in various legal proceedings, particularly in family law cases. Here are some key takeaways to keep in mind:
By keeping these takeaways in mind, you can navigate the process of completing the Florida Financial Affidavit Short 12.902(b) form more effectively.
Fill in Your Florida Financial Affidavit Short 12.902(b) Form