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Misconceptions

Understanding the Florida Financial Affidavit Short 12.902(b) form can be challenging. Many people hold misconceptions about this document. Here are ten common misunderstandings explained clearly.

  1. It's only for divorce cases. Many believe this form is solely for divorce proceedings. However, it can also be used in other family law matters, such as child custody or support cases.
  2. Only one party needs to fill it out. Some think that only one spouse or parent must complete the form. In reality, both parties often need to submit their own financial affidavits to provide a complete financial picture.
  3. It’s optional. Many assume that filling out the affidavit is optional. In fact, it is usually required by the court to help determine financial obligations.
  4. It’s the same as the long form. Some people think the short form is identical to the long version. While both serve similar purposes, the short form is more concise and designed for simpler financial situations.
  5. Only income needs to be reported. A common misconception is that only income should be included. In truth, the form requires a full disclosure of assets, liabilities, and expenses as well.
  6. It can be completed quickly without thought. Many believe they can fill out the form in a hurry. However, careful consideration and accurate information are essential to avoid complications later.
  7. It doesn't need to be updated. Some individuals think that once they submit the affidavit, it remains valid indefinitely. Changes in financial circumstances may require updates to the form.
  8. It's only for people with significant assets. Many think the form is only necessary for wealthy individuals. However, it applies to anyone involved in family law cases, regardless of their financial situation.
  9. Providing false information is harmless. Some may believe that inaccuracies or omissions are minor. In reality, providing false information can lead to serious legal consequences.
  10. It can be filled out without documentation. Many think they can complete the form based on memory alone. Supporting documents, like pay stubs and bank statements, are often necessary for accuracy.

Addressing these misconceptions can help individuals navigate the financial affidavit process more effectively. Accurate information is key to ensuring fair outcomes in family law matters.

Detailed Steps for Filling Out Florida Financial Affidavit Short 12.902(b)

After gathering the necessary financial information, you are ready to complete the Florida Financial Affidavit Short 12.902(b) form. This form requires you to provide details about your income, expenses, assets, and liabilities. Ensure that all information is accurate and up-to-date, as it will be used in legal proceedings.

  1. Begin with the top section of the form, where you will enter your name, address, and case number.
  2. In the income section, list all sources of income, including wages, rental income, and any other earnings. Be specific about the amounts and frequency of payments.
  3. Next, move to the expenses section. Detail your monthly expenses such as housing, utilities, transportation, and any other regular payments.
  4. Proceed to the assets section. Here, you will list all your assets, including bank accounts, real estate, vehicles, and any other valuable property.
  5. In the liabilities section, provide information about any debts you owe, such as loans, credit card balances, and other financial obligations.
  6. Review the form for accuracy. Ensure that all figures are correct and that no sections are left blank.
  7. Sign and date the affidavit at the bottom of the form, affirming that the information provided is true and complete.
  8. Make copies of the completed form for your records and for submission to the court.

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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)

Dos and Don'ts

Filling out the Florida Financial Affidavit Short 12.902(b) form is an important step in various legal processes, particularly in family law cases. Here are ten key things to consider when completing this form, including actions you should take and those you should avoid.

  • Do read the instructions carefully before starting the form.
  • Do provide accurate and honest information about your financial situation.
  • Do include all sources of income, such as wages, benefits, and rental income.
  • Do list all your expenses, including fixed and variable costs.
  • Do ensure that your calculations are correct and that totals match.
  • Don't omit any debts or liabilities; transparency is crucial.
  • Don't use vague language; be specific about your financial details.
  • Don't leave any sections blank; if a section doesn’t apply, indicate that clearly.
  • Don't forget to sign and date the affidavit before submission.
  • Don't submit the form without making a copy for your records.

Key takeaways

Filling out the Florida Financial Affidavit Short 12.902(b) form is a crucial step in various legal proceedings, particularly in family law cases. Here are key takeaways to consider:

  • Ensure accuracy: Every entry must reflect your true financial situation. Inaccuracies can lead to legal consequences.
  • Complete all sections: The form requires detailed information about income, expenses, assets, and liabilities. Omitting any section can cause delays in your case.
  • Use clear and concise language: Avoid vague terms. Clearly state your financial information to prevent misunderstandings.
  • Be prepared to provide documentation: You may need to support your claims with pay stubs, bank statements, and tax returns.
  • Review your entries: Before submitting, double-check for any errors or omissions. This helps ensure that your affidavit is complete and accurate.
  • Understand the purpose: This form is used to assess financial support obligations. Knowing its significance can motivate you to fill it out carefully.
  • File on time: Adhere to deadlines set by the court. Late submissions can negatively impact your case.
  • Seek assistance if needed: If you find the form confusing, consider consulting with a legal professional for guidance.

Completing the Florida Financial Affidavit Short 12.902(b) form with care and attention to detail can significantly influence the outcome of your case. Your financial disclosures should be honest and thorough to best represent your circumstances.

Similar forms

The Florida Financial Affidavit Short 12.902(b) form is similar to the Federal Form 1040, which is the individual income tax return. Both documents require individuals to provide detailed information about their income, expenses, and overall financial situation. While the Federal Form 1040 focuses on federal tax obligations, the Florida Financial Affidavit is specifically tailored for family law cases, such as divorce or child support. Each form serves to create a clear picture of an individual’s financial standing, facilitating informed decisions in legal proceedings.

Another document that resembles the Florida Financial Affidavit Short is the Uniform Financial Affidavit used in various jurisdictions. This form also captures an individual's financial details, including income, debts, and assets. Like the Florida Financial Affidavit, it is designed to ensure transparency in financial matters, especially in legal contexts. Both forms aim to provide a comprehensive overview of finances, which can be crucial for equitable settlements in divorce or custody cases.

The Statement of Net Worth is another document that shares similarities with the Florida Financial Affidavit Short. This statement is often used in divorce proceedings and requires individuals to list their assets, liabilities, and overall net worth. Both documents serve to outline financial positions clearly, helping the court assess each party's economic circumstances. The focus on net worth in both forms underscores the importance of financial disclosure in legal matters.

Lastly, the Child Support Guidelines Worksheet is comparable to the Florida Financial Affidavit Short. This worksheet is used to calculate child support obligations based on the financial information provided by both parents. Like the affidavit, it requires detailed financial data, including income and expenses. Both documents play a critical role in determining fair financial arrangements, ensuring that the needs of children are prioritized in custody and support discussions.

Documents used along the form

The Florida Financial Affidavit Short 12.902(b) form is an important document used in family law cases, particularly during divorce proceedings. It provides a snapshot of an individual's financial situation. Along with this form, several other documents may be necessary to ensure a complete understanding of the financial circumstances involved. Below is a list of related forms that are commonly used.

  • Financial Affidavit Long Form (12.902(a)): This is a more detailed version of the financial affidavit, requiring extensive information about income, expenses, assets, and liabilities. It is often used in cases where more financial information is needed.
  • Child Support Guidelines Worksheet: This document helps calculate the appropriate amount of child support based on both parents' incomes and expenses. It ensures that the needs of the child are met fairly.
  • Marital Settlement Agreement: This is a written agreement between spouses that outlines the terms of their divorce, including asset division, child custody, and support. It helps facilitate a smoother divorce process.
  • Notice of Social Security Number: This form is used to provide the court with the social security numbers of both parties. It is often required to ensure proper identification and for child support purposes.
  • Parenting Plan: In cases involving children, this document outlines how parents will share responsibilities and make decisions regarding their child's upbringing. It serves to prioritize the child's best interests.
  • Affidavit of Corroborating Witness: This form may be used to provide additional evidence or testimony regarding financial matters or other relevant issues in the case. It supports the claims made in the financial affidavit.

These documents work together to provide a comprehensive view of the financial and personal circumstances surrounding a divorce or family law case in Florida. Having the right forms can make the process smoother and help ensure that all parties are treated fairly.