Download Florida Financial Affidavit Short 12.902(b) Template
Misconceptions
The Florida Financial Affidavit Short 12.902(b) form is often misunderstood. Here are nine common misconceptions about this form:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- It can be completed quickly without preparation. Many underestimate the time needed to gather financial information. Proper preparation is crucial for accuracy and completeness.
- 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.
- 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 |
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| 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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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 |
x |
26 |
= |
Yearly amount |
|
Yearly amount |
÷ |
12 Months per year |
= |
Monthly Amount |
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 |
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JUDICIAL CIRCUIT, |
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IN AND FOR |
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COUNTY, FLORIDA |
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Case No.: ______________________ |
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Division: _______________________ |
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Petitioner, |
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and |
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Respondent. |
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FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)
(Under $50,000 Individual Gross Annual Income)
I, {full legal name} |
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, being sworn, certify that the following |
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information is true: |
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My Occupation: |
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Employed by: ___________________________ |
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Business Address: ________________________________________________________________ |
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Pay rate: $ |
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( ) every week ( |
) every other week ( ) twice a month ( ) monthly |
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( ) other: ____________ |
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___ 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
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
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
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
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
25._______Monthly
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: |
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Mortgage or rent |
$ _______ |
Property taxes |
$_______ |
Utilities |
$_______ |
Telephone |
$ _______ |
Food |
$ _______ |
Meals outside home |
$_______ |
Maintenance/Repairs |
$ _______ |
Other: __________ |
$_______ |
B. AUTOMOBILE |
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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) |
$ _______ |
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Child(ren)’s medical/dental |
$ _______ |
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Life |
$ _______ |
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Other: |
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$ _______ |
E. OTHER EXPENSES NOT LISTED ABOVE
Clothing |
$ _______ |
Medical/Dental (uninsured) |
$_______ |
Grooming |
$ _______ |
Entertainment |
$_______ |
Gifts |
$_______ |
Religious organizations |
$_______ |
Miscellaneous |
$_______ |
Other: ______________ |
$ _______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
____________________ |
$_______ |
F. PAYMENTS TO CREDITORS |
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CREDITOR: |
MONTHLY |
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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
A. ASSETS:
DESCRIPTION OF ITEM(S). List a description of each separate item |
Current |
Nonmarital |
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owned by you (and/or your spouse, if this is a petition for dissolution |
(check correct |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
Fair |
column) |
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the line next to any asset(s) which you are requesting the judge |
Market |
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award to you. |
Value |
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husband |
wife |
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Cash (on hand) |
$ |
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Cash (in banks or credit unions) |
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Stocks, Bonds, Notes |
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Real estate: (Home) |
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(Other) |
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Automobiles |
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Other personal property |
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Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) |
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Other |
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____Check here if additional pages are attached. |
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Total Assets (add next column) |
$ |
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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 |
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(check correct |
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owed by you (and/or your spouse, if this is a petition for dissolution |
Amount |
column) |
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of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check |
Owed |
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the line next to any debt(s) for which you believe you should be |
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responsible. |
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husband |
wife |
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Mortgages on real estate: First mortgage on home |
$ |
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Second mortgage on home |
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Other mortgages |
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Auto loans |
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Charge/credit card accounts |
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Other |
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____Check here if additional pages are attached. |
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Total Debts (add next column) |
$ |
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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.
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Contingent Assets |
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Nonmarital |
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(check correct |
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Check the line next to any contingent asset(s) which you are requesting the |
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Value |
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column) |
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judge award to you. |
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husband |
wife |
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$ |
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Total Contingent Assets |
$ |
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Contingent Liabilities |
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Nonmarital |
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Possible |
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Check the line next to any contingent debt(s) for which you believe you |
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column) |
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should be responsible. |
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Owed |
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husband |
wife |
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$ |
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Total Contingent Liabilities |
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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]: ( )
( ) hand delivered to the person(s) listed below on {date} ________________________________.
Other party or his/her attorney:
Name: _____________________________
Address: ____________________________
City, State, Zip: _______________________
Fax Number: _________________________
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: ________________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and signed before me on |
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by |
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________________________________ |
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NOTARY PUBLIC or DEPUTY CLERK |
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________________________________ |
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[Print, type, or stamp commissioned |
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name of notary or deputy clerk.] |
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____ Personally known |
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____ Produced identification |
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Type of identification produced |
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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 |
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This form was completed with the assistance of: |
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{name of individual} |
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{name of business} ___________________________________________________________________, |
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{address} |
________________________________, |
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{city} |
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________,{state} ________ {telephone number} |
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Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (01/15)
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