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Misconceptions

The Florida Financial Affidavit Short 12.902(b) form is often misunderstood. Here are nine common misconceptions about this form:

  1. It is only for divorce cases. Many believe this form is exclusively for divorce proceedings. However, it can also be used in other family law matters, such as child support and alimony modifications.
  2. Only high-income individuals need to complete it. This form is required for anyone involved in a legal case that requires financial disclosure, regardless of income level.
  3. The form is optional. Some individuals think they can skip this form. In reality, it is often mandatory in family law cases to ensure transparency regarding financial matters.
  4. It is the same as the long financial affidavit. The short form is a simplified version meant for less complex financial situations. It requires less detail than the long form.
  5. Filing the form is the end of the financial disclosure process. Submitting the form does not conclude financial disclosure. Parties may still need to provide additional documentation or updates as the case progresses.
  6. All assets and liabilities must be listed in detail. While it is important to provide accurate information, the short form requires a summary of assets and liabilities, not exhaustive details.
  7. It can be completed quickly without preparation. Many underestimate the time needed to gather financial information. Proper preparation is crucial for accuracy and completeness.
  8. Only one party needs to file the form. Typically, both parties in a case are required to submit their financial affidavits to ensure fair assessment and negotiation.
  9. It is only used in court. Although the form is often submitted to the court, it can also be used in negotiations between parties to facilitate discussions about financial issues.

File Details

Fact Name Details
Purpose The Florida Financial Affidavit Short form is used to disclose financial information in family law cases, such as divorce or child support proceedings.
Governing Law This form is governed by the Florida Family Law Rules of Procedure, specifically Rule 12.902(b).
Eligibility The short form is intended for individuals with simpler financial situations, typically those with less income and fewer assets.
Components The form requires information about income, expenses, assets, and liabilities. It includes sections for monthly income and monthly expenses.
Filing Requirement Parties involved in family law cases must file the financial affidavit with the court and serve it to the other party.
Signature Requirement The form must be signed under oath, affirming that the information provided is true and accurate to the best of the filer’s knowledge.
Updates Individuals must update the financial affidavit if their financial situation changes significantly during the proceedings.
Confidentiality Financial affidavits may be subject to privacy protections, but they can be accessed by the parties involved in the case.
Consequences of Inaccuracy Providing false information on the affidavit can lead to legal consequences, including sanctions or unfavorable rulings in the case.

Key takeaways

Filling out the Florida Financial Affidavit Short 12.902(b) form is an important step in legal proceedings, particularly in family law cases. Here are some key takeaways to keep in mind:

  • Accuracy is Crucial: Ensure that all information provided is accurate and truthful. Inaccuracies can lead to delays or complications in your case.
  • Gather Required Documentation: Before starting the form, collect necessary documents such as pay stubs, bank statements, and tax returns. This will make filling out the form easier and more precise.
  • Complete All Sections: Make sure to fill out every section of the affidavit. Missing information can result in your form being rejected or needing additional time to process.
  • Use Clear Language: Write in a straightforward manner. Avoid using complex terms or jargon that could confuse the reader.
  • Review Before Submission: Double-check your completed form for any errors or omissions. A thorough review can save you time and prevent issues later on.
  • Understand the Purpose: This form is used to disclose your financial situation. Knowing its purpose helps you provide relevant and complete information.

Dos and Don'ts

When completing the Florida Financial Affidavit Short 12.902(b) form, it's essential to approach the task with care. Here are some guidelines to help you navigate the process effectively.

  • Do provide accurate and complete information about your income and expenses.
  • Do ensure that all figures are current and reflect your financial situation.
  • Do include all sources of income, such as wages, benefits, and any side jobs.
  • Do review the form for any errors or omissions before submission.
  • Don't exaggerate or understate your financial situation.
  • Don't leave any sections blank; if a section does not apply, indicate that clearly.
  • Don't forget to sign and date the affidavit at the end.
  • Don't submit the form without keeping a copy for your records.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to provide all necessary details. Every section of the affidavit must be filled out accurately. Omitting information can lead to delays or complications in legal proceedings.

  2. Incorrect Income Reporting: Many individuals miscalculate their monthly income. It's crucial to include all sources of income, such as salaries, bonuses, and any side jobs. Failing to report income accurately can result in legal repercussions.

  3. Ignoring Assets and Liabilities: Some people underestimate or overlook their assets and liabilities. This includes bank accounts, property, debts, and loans. Providing a complete picture is essential for the court to make informed decisions.

  4. Not Updating Information: Financial situations can change rapidly. Failing to update the affidavit with recent changes in income or expenses can mislead the court. Regularly reviewing and revising the affidavit is important.

  5. Neglecting to Sign and Date: A seemingly small but significant error is forgetting to sign and date the form. Without a signature, the affidavit is considered incomplete and may not be accepted by the court.

What You Should Know About This Form

  1. What is the Florida Financial Affidavit Short 12.902(b) form?

    The Florida Financial Affidavit Short 12.902(b) form is a document used in family law cases, particularly during divorce or child support proceedings. It provides a snapshot of an individual’s financial situation, including income, expenses, assets, and liabilities. This form helps the court understand each party's financial position and make informed decisions regarding support and division of assets.

  2. Who needs to complete this form?

    Typically, both parties involved in a divorce or child support case must complete a financial affidavit. If you are seeking child support, alimony, or other financial relief, you will likely need to submit this form to the court. It's essential for ensuring that the court has all the necessary information to make fair decisions.

  3. How do I fill out the form?

    Filling out the Florida Financial Affidavit Short 12.902(b) form requires you to provide detailed information about your finances. You'll need to include sections on your income, such as wages and any other sources of earnings. Additionally, list your monthly expenses, assets like property or savings, and any debts you may have. Take your time to ensure accuracy; errors can lead to complications in your case.

  4. What if my financial situation changes after I submit the form?

    If your financial situation changes significantly after you submit the affidavit, it's important to inform the court as soon as possible. Changes could include a new job, loss of income, or unexpected expenses. Keeping the court updated ensures that any decisions made reflect your current financial reality.

  5. Is there a specific deadline for submitting this form?

    Yes, deadlines for submitting the Florida Financial Affidavit Short 12.902(b) form can vary based on your specific case and the court’s requirements. Generally, you should submit it as soon as possible, often alongside other initial filings in your case. Check with your attorney or the court clerk for specific timelines relevant to your situation.

  6. Can I get help with completing the form?

    Absolutely! Many resources are available to assist you in completing the financial affidavit. You can seek help from legal aid organizations, consult with an attorney, or even find online resources that provide guidance. Additionally, some courts offer workshops or clinics to help individuals understand the process and fill out forms correctly.

  7. What happens if I do not submit the form?

    Failing to submit the Florida Financial Affidavit Short 12.902(b) form can have serious consequences. The court may delay your case, deny your request for support, or even impose penalties. It’s crucial to comply with all court requirements to avoid complications in your legal proceedings.

  8. Where can I find the form?

    The Florida Financial Affidavit Short 12.902(b) form is readily available online. You can find it on the Florida State Courts website or through your local county clerk’s office. Make sure you are using the most current version of the form to ensure compliance with court requirements.

Florida Financial Affidavit Short 12.902(b) Example

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

When should this form be used?

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

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

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

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

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

What should I do next?

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

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in bold underlinein these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.285.

Special notes...

If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.

Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

Hourly - If you are paid by the hour, you may convert your income to monthly as follows:

Hourly amount

x

Hours worked per week =

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Daily - If you are paid by the day, you may convert your income to monthly as follows:

Daily amount

x

Days worked per week

=

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Weekly - If you are paid by the week, you may convert your income to monthly as follows:

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows:

Bi-weekly amount

x

26

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:

Semi-monthly amount x

2

=

Monthly Amount

Expenses may be converted in the same manner.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

IN THE CIRCUIT COURT OF THE

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

 

COUNTY, FLORIDA

 

 

 

 

Case No.: ______________________

 

 

 

 

Division: _______________________

 

,

 

 

 

Petitioner,

 

 

 

and

 

 

 

 

,

 

 

 

Respondent.

 

 

 

FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)

(Under $50,000 Individual Gross Annual Income)

I, {full legal name}

 

 

 

 

, being sworn, certify that the following

information is true:

 

 

 

 

My Occupation:

 

 

 

Employed by: ___________________________

Business Address: ________________________________________________________________

Pay rate: $

 

( ) every week (

) every other week ( ) twice a month ( ) monthly

( ) other: ____________

 

 

 

___ Check here if unemployed and explain on a separate sheet your efforts to find employment.

SECTION I. PRESENT MONTHLY GROSS INCOME:

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under “other” should be listed separately with separate dollar amounts.

1.$______ Monthly gross salary or wages

2.______ Monthly bonuses, commissions, allowances, overtime, tips, and similar payments

3._______Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expenses.)

4._______Monthly disability benefits/SSI

5._______Monthly Workers’ Compensation

6._______Monthly Unemployment Compensation

7._______Monthly pension, retirement, or annuity payments

8._______Monthly Social Security benefits

9.______ Monthly alimony actually received (Add 9a and 9b)

9a. From this case: $ _______

9b. From other case(s): _______

10._______ Monthly interest and dividends

11._______Monthly rental income (gross receipts minus ordinary and necessary expenses

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

required to produce income) (Attach sheet itemizing such income and expense items.)

12._______ Monthly income from royalties, trusts, or estates

13._______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses

14._______ Monthly gains derived from dealing in property (not including nonrecurring gains)

15._______ Any other income of a recurring nature (list source) _________________________

16.__________________________________________________________________________

17.$ _______ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1–16)

PRESENT MONTHLY DEDUCTIONS:

18.$______Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)

a.Filing Status ____________

b.Number of dependents claimed _______

19._______ Monthly FICA or self-employment taxes

20._______ Monthly Medicare payments

21._______ Monthly mandatory union dues

22._______ Monthly mandatory retirement payments

23._______ Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship

24._______ Monthly court-ordered child support actually paid for children from another relationship

25._______Monthly court-ordered alimony actually paid (Add 25a and 25b)

25a. from this case: $ _______

25b. from other case(s):$ _______

26.$_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25).

27.$_______ PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17)

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form)(01/15)

SECTION II. AVERAGE MONTHLY EXPENSES

Proposed/Estimated Expenses. If this is a dissolution of marriage case and your expenses as listed below do not reflect what you actually pay currently, you should write “estimate” next to each amount that is estimated.

A. HOUSEHOLD:

 

Mortgage or rent

$ _______

Property taxes

$_______

Utilities

$_______

Telephone

$ _______

Food

$ _______

Meals outside home

$_______

Maintenance/Repairs

$ _______

Other: __________

$_______

B. AUTOMOBILE

 

Gasoline

$ _______

Repairs

$_______

Insurance

$_______

C.CHILD(REN)’S EXPENSES

Day care

$ _______

Lunch money

$_______

Clothing

$ _______

Grooming

$_______

Gifts for holidays

$ _______

Medical/Dental (uninsured)

$ _______

Other: ______________

$ _______

D.INSURANCE Medical/Dental (if not listed on

lines 23 or 45)

$ _______

Child(ren)’s medical/dental

$ _______

Life

$ _______

Other:

 

 

$ _______

E. OTHER EXPENSES NOT LISTED ABOVE

Clothing

$ _______

Medical/Dental (uninsured)

$_______

Grooming

$ _______

Entertainment

$_______

Gifts

$_______

Religious organizations

$_______

Miscellaneous

$_______

Other: ______________

$ _______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

F. PAYMENTS TO CREDITORS

 

CREDITOR:

MONTHLY

 

PAYMENT

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

____________________

$_______

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

28. $_______ TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above)

SUMMARY

29.$_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)

30.$_______ TOTAL MONTHLY EXPENSES (from line 28 above)

31.$_______ SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.)

32.($_______) (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.)

SECTION III. ASSETS AND LIABILITIES

Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage. See the “General Information for Self-Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)

A. ASSETS:

DESCRIPTION OF ITEM(S). List a description of each separate item

Current

Nonmarital

owned by you (and/or your spouse, if this is a petition for dissolution

(check correct

of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check

Fair

column)

the line next to any asset(s) which you are requesting the judge

Market

 

 

award to you.

Value

 

 

 

husband

wife

 

 

 

 

Cash (on hand)

$

 

 

 

Cash (in banks or credit unions)

 

 

 

 

Stocks, Bonds, Notes

 

 

 

 

Real estate: (Home)

 

 

 

 

(Other)

 

 

 

 

Automobiles

 

 

 

 

Other personal property

 

 

 

 

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____Check here if additional pages are attached.

 

 

 

Total Assets (add next column)

$

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

B. LIABILITIES:

DESCRIPTION OF ITEM(S). List a description of each separate debt

Current

Nonmarital

(check correct

owed by you (and/or your spouse, if this is a petition for dissolution

Amount

column)

of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check

Owed

the line next to any debt(s) for which you believe you should be

 

 

 

responsible.

 

husband

wife

 

Mortgages on real estate: First mortgage on home

$

 

 

 

Second mortgage on home

 

 

 

 

Other mortgages

 

 

 

 

 

 

 

 

 

Auto loans

 

 

 

 

 

 

 

 

 

Charge/credit card accounts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____Check here if additional pages are attached.

 

 

 

Total Debts (add next column)

$

 

 

C. CONTINGENT ASSETS AND LIABILITIES:

INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here.

 

 

Contingent Assets

 

Possible

 

Nonmarital

 

 

 

 

 

(check correct

 

Check the line next to any contingent asset(s) which you are requesting the

 

Value

 

column)

 

 

 

 

judge award to you.

 

 

 

husband

wife

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

Total Contingent Assets

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contingent Liabilities

 

 

 

Nonmarital

 

 

 

 

Possible

 

(check correct

 

Check the line next to any contingent debt(s) for which you believe you

 

Amount

 

column)

 

should be responsible.

 

Owed

 

husband

wife

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

Total Contingent Liabilities

$

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

SECTION IV. CHILD SUPPORT GUIDELINES WORKSHEET

(Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.)

[Check one only]

____ A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the

establishment or modification of child support.

____ A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or

modification of child support is not an issue in this case.

I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed

( ) hand delivered to the person(s) listed below on {date} ________________________________.

Other party or his/her attorney:

Name: _____________________________

Address: ____________________________

City, State, Zip: _______________________

Fax Number: _________________________

E-mail Address(es): _____________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:

Signature of Party

Printed Name: ________________________________

Address: ___________________________________

City, State, Zip: ______________________________

Fax Number: ________________________________

E-mail Address(es): ____________________________

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

 

 

by

 

.

 

 

 

________________________________

 

 

 

 

 

NOTARY PUBLIC or DEPUTY CLERK

 

 

 

 

________________________________

 

 

 

 

 

[Print, type, or stamp commissioned

 

 

 

 

 

name of notary or deputy clerk.]

 

____ Personally known

 

 

 

 

____ Produced identification

 

 

 

 

Type of identification produced

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only one} (

) Petitioner ( ) Respondent

This form was completed with the assistance of:

 

 

{name of individual}

 

 

,

{name of business} ___________________________________________________________________,

 

{address}

________________________________,

{city}

 

________,{state} ________ {telephone number}

.

 

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)