Fill Out a Valid Florida Financial Affidavit Short 12.902(b) Form
In the world of family law, financial transparency is crucial, especially during divorce proceedings or child support cases. The Florida Financial Affidavit Short 12.902(b) form plays a vital role in this process, serving as a simplified tool for individuals to disclose their financial situation. This form requires you to provide essential information about your income, expenses, assets, and liabilities. It is designed to capture a snapshot of your financial health, allowing the court to make informed decisions regarding alimony, child support, and other financial obligations. While the form is shorter than its full counterpart, it still demands accuracy and completeness, as any discrepancies can lead to complications in your case. Understanding how to fill out this affidavit correctly can streamline the legal process and help ensure that your financial interests are adequately represented. Whether you are the one filing or responding to a financial affidavit, familiarity with this form is essential for navigating the complexities of family law in Florida.
Common mistakes
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Inaccurate Income Reporting: Many individuals underestimate or overestimate their income. This can lead to significant discrepancies in the financial affidavit. It is crucial to provide accurate figures from all sources, including employment, rental income, and any other earnings.
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Omitting Assets: Some people fail to list all their assets. This includes bank accounts, real estate, vehicles, and investments. Omitting assets can create legal issues and affect the outcome of financial proceedings.
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Ignoring Debts: Failing to disclose all debts is a common mistake. It is essential to list all liabilities, such as credit card debts, loans, and mortgages. Not doing so can lead to a misleading financial picture.
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Not Updating Information: Individuals sometimes use outdated information when filling out the form. Financial situations can change rapidly. Therefore, it is important to ensure that all information reflects the current financial status.
Preview - Florida Financial Affidavit Short 12.902(b) Form
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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Possible |
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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 correct |
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Check the line next to any contingent debt(s) for which you believe you |
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Amount |
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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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Documents used along the form
The Florida Financial Affidavit Short (12.902(b)) form is a crucial 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 are often required to ensure a comprehensive understanding of the financial aspects involved. Below is a list of commonly used forms and documents that complement the Florida Financial Affidavit Short.
- Long Form Financial Affidavit (12.902(a)): This is a more detailed version of the financial affidavit that provides an extensive breakdown of income, expenses, assets, and liabilities. It is typically used for higher-income cases.
- Child Support Guidelines Worksheet: This document calculates the expected child support payments based on the parents' incomes and the number of children involved. It helps ensure that support is fair and consistent.
- Marital Settlement Agreement: This is a written agreement between spouses that outlines the terms of their divorce, including asset division, alimony, and child custody arrangements. It is often submitted to the court for approval.
- Income Verification Documents: These may include pay stubs, tax returns, or bank statements that provide proof of income. They support the information presented in the financial affidavit.
- New York Motorcycle Bill of Sale: Essential for documenting the sale, this form can be found at https://autobillofsaleform.com/motorcycle-bill-of-sale-form/new-york-motorcycle-bill-of-sale-form/, ensuring the transaction is legal and binding.
- Asset and Liability Disclosure: This document lists all significant assets and debts, helping to clarify the financial situation of both parties. It is essential for equitable distribution during divorce.
- Notice of Social Security Number: This form is used to provide the court with the social security numbers of both parties, which is necessary for record-keeping and identification purposes.
- Affidavit of Compliance: This document certifies that both parties have complied with the court’s orders regarding financial disclosures and other requirements throughout the divorce process.
Understanding these documents is essential for anyone navigating a divorce in Florida. Each form plays a role in ensuring that financial matters are addressed fairly and transparently. Properly completing and submitting these forms can significantly impact the outcome of a divorce settlement.
Similar forms
The Florida Financial Affidavit Short 12.902(b) form is similar to the Long Financial Affidavit 12.902(a). Both documents serve to disclose an individual's financial situation during legal proceedings, particularly in family law cases such as divorce or child support. The Long Financial Affidavit is more detailed, requiring extensive information about income, expenses, assets, and liabilities, while the Short form simplifies this process for those with less complex financial situations. However, both forms aim to provide the court with a clear picture of a party's financial standing.
Another document that resembles the Florida Financial Affidavit Short is the Child Support Guidelines Worksheet. This worksheet is used to calculate child support obligations based on the income of both parents. Like the financial affidavit, it requires disclosure of income and expenses, but it specifically focuses on the financial aspects relevant to child support calculations. Both documents emphasize transparency in financial matters to ensure fair outcomes in family law cases.
The Marital Settlement Agreement is another related document. This agreement outlines the terms of a divorce, including asset division, child custody, and support arrangements. While the Florida Financial Affidavit Short provides a snapshot of financial details, the Marital Settlement Agreement uses that information to negotiate and finalize the terms of the divorce. Both documents are crucial in ensuring that financial considerations are addressed during the dissolution of marriage.
For families considering homeschooling in Washington, completing the essential Homeschool Letter of Intent is crucial to informing the state of their educational choices and ensuring a smooth transition into home education.
Similar to the Florida Financial Affidavit Short is the Affidavit of Support, often used in immigration cases. This document demonstrates a sponsor's financial ability to support an immigrant. Both forms require a detailed account of finances, including income and expenses. They serve to protect the interests of dependents by ensuring that the financial support is adequate and sustainable.
The Income and Expense Declaration is another document that shares similarities with the Florida Financial Affidavit Short. Used primarily in family law cases, this declaration outlines an individual's income and monthly expenses. Like the financial affidavit, it aims to provide the court with a clear understanding of a party’s financial capabilities. Both documents play a vital role in determining support obligations and ensuring that the needs of dependents are met.
The Statement of Net Worth is also comparable to the Florida Financial Affidavit Short. This document provides a comprehensive overview of an individual’s financial position, including assets and liabilities. While the financial affidavit focuses on income and expenses, the Statement of Net Worth offers a broader perspective on an individual's overall financial health. Both are essential for the court to assess financial circumstances accurately.
Additionally, the Financial Disclosure Statement used in bankruptcy proceedings shares similarities with the Florida Financial Affidavit Short. Both documents require a detailed account of an individual's financial situation, including income, debts, and assets. They aim to provide a complete picture of financial circumstances to ensure fair treatment under the law, whether in family law or bankruptcy cases.
Lastly, the Tax Return is another document that resembles the Florida Financial Affidavit Short. Tax returns provide a snapshot of an individual's income and financial activities for a given year. While not a legal form in family law, they are often used as supporting documentation to verify the information provided in financial affidavits. Both documents serve to establish a clear understanding of a party's financial situation, which is critical in legal proceedings.
Dos and Don'ts
When filling out the Florida Financial Affidavit Short 12.902(b) form, it's essential to be thorough and accurate. Here’s a guide on what to do and what to avoid.
- Do read the instructions carefully before starting.
- Do provide accurate information about your income and expenses.
- Do double-check your calculations to ensure they are correct.
- Do sign and date the affidavit before submitting it.
- Don't leave any sections blank; fill in all required fields.
- Don't provide misleading or false information; honesty is crucial.
Following these guidelines can help ensure your form is completed correctly and efficiently.
Key takeaways
The Florida Financial Affidavit Short 12.902(b) form is an essential document used in family law cases, particularly in divorce proceedings. Below are key takeaways regarding the completion and use of this form.
- The form is designed to provide a clear snapshot of an individual’s financial situation.
- It is crucial to fill out the form accurately to ensure that all financial obligations and assets are disclosed.
- Completing the form is often a requirement for court proceedings, especially in matters of alimony and child support.
- All income sources must be reported, including salaries, bonuses, and any other earnings.
- Expenses should be detailed, including housing costs, utilities, and any other regular expenditures.
- Assets such as bank accounts, real estate, and investments must be listed comprehensively.
- Debts and liabilities should also be included to give a complete picture of financial standing.
- Filing the form accurately can influence court decisions regarding financial support and asset division.
- It is advisable to review the form with legal counsel to ensure compliance with all requirements.
- Submitting the form on time is critical, as delays can impact court proceedings.
Understanding these key points can help individuals navigate the complexities of financial disclosures in family law cases effectively.
How to Use Florida Financial Affidavit Short 12.902(b)
Completing the Florida Financial Affidavit Short 12.902(b) form is a crucial step in various legal proceedings. This form provides essential financial information that may impact decisions regarding support, custody, or property division. It is important to fill it out accurately and thoroughly to ensure that all financial aspects are appropriately considered.
- Begin by downloading the Florida Financial Affidavit Short 12.902(b) form from the official Florida courts website or obtain a physical copy from the local courthouse.
- At the top of the form, enter your full name, address, and contact information in the designated sections.
- Indicate the date you are filling out the form. This is important for record-keeping purposes.
- In the income section, list all sources of income. Include your salary, bonuses, and any additional income such as rental income or investments. Be sure to provide the amount you receive monthly.
- Next, move to the expenses section. Here, detail your monthly expenses. Include necessities such as housing, utilities, groceries, transportation, and any other regular payments.
- After listing your expenses, calculate your total monthly income and total monthly expenses. Write these totals in the appropriate spaces provided on the form.
- If applicable, include information about any debts or liabilities you may have. This could include credit card debt, loans, or other financial obligations.
- Review the form carefully to ensure all information is accurate and complete. Mistakes or omissions can lead to delays or complications in your case.
- Sign and date the form at the bottom. Your signature confirms that the information provided is true and correct to the best of your knowledge.
- Make copies of the completed form for your records and for any parties involved in your case, if necessary.
Once the form is completed and signed, it will need to be filed with the appropriate court. Be mindful of any deadlines related to your case, as timely submission is essential for moving forward. Additionally, you may need to prepare for a hearing where this financial information will be discussed, so keep the form accessible for reference.