The Florida Financial Affidavit Short 12.902(b) form is a legal document used in family law cases to provide a snapshot of an individual’s financial situation. This form helps the court understand the financial circumstances of each party involved, which can be crucial during divorce or custody proceedings. To ensure accurate representation of your finances, consider filling out the form by clicking the button below.
In the realm of family law in Florida, financial transparency is crucial, especially during divorce or child support proceedings. The Florida Financial Affidavit Short 12.902(b) form serves as a vital tool for individuals to disclose their financial situation accurately and comprehensively. This form requires the submission of essential information, including income, expenses, assets, and liabilities, which helps the court assess each party's financial standing. By providing a clear picture of one’s finances, the affidavit plays a significant role in determining equitable distribution of assets and appropriate support obligations. It is designed for individuals with simpler financial situations, ensuring that the process remains accessible and efficient. Completing this form accurately is not just a procedural requirement; it can significantly impact the outcome of legal proceedings. Therefore, understanding its components and implications is imperative for anyone navigating the complexities of family law in Florida.
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORM 12.902(b)
FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM)
(10/21)
When should this form be used?
This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is UNDER $50,000 per year unless:
(1)You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of a financial affidavit;
(2)You have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues; or
(3)The court lacks jurisdiction to determine any financial issues.
This form should be typed or printed in black ink. You should file this document with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.
What should I do next?
A copy of this form must be filed with the court and served on the other party or his or her attorney in your case within 45 days of being served with the petition, if it is not served on him or her with your initial papers. The copy you are serving to the other party must be either mailed, e-mailed, or hand-delivered to the opposing party or his or her attorney on the same day indicated on the certificate of service. If it is mailed, it must be postmarked on the date indicated in the certificate of service. Service must be in accordance with Florida Rule of General Practice and Judicial Administration 2.516.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of General Practice and Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e- mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Florida Rules of General Practice and Judicial Administration. If you elect to participate in
Instructions for Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (10/21)
electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of General Practice and Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of General Practice and Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by email, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of General Practice and Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see Florida Family Law Rule of Procedure 12.285.
Special notes . . .
If you want to keep your address confidential because you have been found by a judge to be the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).
The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions.
Hourly - If you are paid by the hour, you may convert your income to monthly as follows:
Hourly amount
x
Hours worked per week =
Weekly amount
52 Weeks per year
=
Yearly amount
÷
12 Months per year
Monthly Amount
Daily - If you are paid by the day, you may convert your income to monthly as follows:
Daily amount
Days worked per week
Weekly - If you are paid by the week, you may convert your income to monthly as follows:
Yearly amount ÷ 12 Months per year = Monthly Amount
Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows:
Bi-weekly amount
26
Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:
Semi-monthly amount x
2
Expenses may be converted in the same manner.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
,
Division:
Petitioner,
and
Respondent.
(Under $50,000 Individual Gross Annual Income)
I, {full legal name}
, being sworn, certify that the following
information is true:
My Occupation:
Employed by: ___________________________
Business Address: _______________________________________________________________
Pay rate: $
( ) every week (
) every other week ( ) twice a month ( ) monthly
( ) other: ____________
___ Check here if unemployed and explain on a separate sheet your efforts to find employment.
SECTION I. PRESENT MONTHLY GROSS INCOME:
All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under “other” should be listed separately with separate dollar amounts.
1.$______ Monthly gross salary or wages
2.______ Monthly bonuses, commissions, allowances, overtime, tips, and similar payments
3._______ Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expenses.)
4._______ Monthly disability benefits/SSI
5._______ Monthly Workers’ Compensation
6._______ Monthly Unemployment Compensation
7._______ Monthly pension, retirement, or annuity payments
8._______ Monthly Social Security benefits
9._______ Monthly alimony actually received (Add 9a and 9b)
9a. From this case: $ _______
9b. From other case(s): $ _______
Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (10/21)
10._______ Monthly interest and dividends
11._______ Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.)
12._______ Monthly income from royalties, trusts, or estates
13._______ Monthly reimbursed expenses and in-kind payments to the extent that they
reduce personal living expenses
14._______ Monthly gains derived from dealing in property (not including nonrecurring gains)
15._______ Any other income of a recurring nature (list source) _________________________
16.__________________________________________________________________________
17.$ _______ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1–16)
PRESENT MONTHLY DEDUCTIONS:
18.$______ Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities)
a.Filing Status ____________
b.Number of dependents claimed _______
19._______ Monthly FICA or self-employment taxes
20._______ Monthly Medicare payments
21._______ Monthly mandatory union dues
22._______ Monthly mandatory retirement payments
23._______ Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship
24._______ Monthly court-ordered child support actually paid for children from another relationship
25._______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _______
25b. from other case(s): $ _______
26.$_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25)
27.$_______ PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17)
SECTION II. AVERAGE MONTHLY EXPENSES
Proposed/Estimated Expenses. If this is a dissolution of marriage case and your expenses as listed below do not reflect what you actually pay currently, you should write “estimate” next to each amount that is estimated.
A. HOUSEHOLD:
E. OTHER EXPENSES NOT LISTED ABOVE
Mortgage or rent
$
_
Clothing
Property taxes
Medical/Dental (uninsured)
Utilities
Grooming
Telephone
Entertainment
Food
Gifts
Meals outside home
Religious organizations
Maintenance/Repairs
Miscellaneous
Other: __________
Other: ______________
____________________
B. AUTOMOBILE
Gasoline
Repairs
Insurance
C. CHILD(REN)’S EXPENSES
F. PAYMENTS TO CREDITORS
Day care
Lunch money
CREDITOR:
MONTHLY
PAYMENT
Gifts for holidays
$ _
D. INSURANCE
Medical/Dental (if not listed on
lines 23 or 45)
Child(ren)’s medical/dental
Life
Other:
28. $_______ TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above)
SUMMARY
29.$_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)
30.$_______ TOTAL MONTHLY EXPENSES (from line 28 above)
31.$_______ SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.)
32.($_______) (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.)
SECTION III. ASSETS AND LIABILITIES
Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage. See the “General Information for Self- Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)
A. ASSETS:
DESCRIPTION OF ITEM(S). List a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any asset(s) which you are requesting the judge award to you.
Cash (on hand)
Cash (in banks or credit unions)
Stocks, Bonds, Notes
Real estate: (Home)
(Other)
Automobiles
Other personal property
Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Other
Nonmarital
Current (check correct column) Fair
Market
Value Petitioner Respondent $
____Check here if additional pages are attached.
Total Assets (add next column)
B. LIABILITIES:
DESCRIPTION OF ITEM(S). List a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any debt(s) for which you believe you should be responsible.
Mortgages on real estate: First mortgage on home
Second mortgage on home
Other mortgages
Auto loans
Charge/credit card accounts
Other
Total Debts (add next column)
Current (check correct column) Amount
Owed
Petitioner Respondent
C. CONTINGENT ASSETS AND LIABILITIES:
INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here.
Contingent Assets
Check the line next to any contingent asset(s) which you are requesting the judge award to you.
Total Contingent Assets
Contingent Liabilities
Check the line next to any contingent debt(s) for which you believe you should be responsible.
Possible (check correct column)
Value
Amount
Owed Petitioner Respondent $
Total Contingent Liabilities
SECTION IV. CHILD SUPPORT GUIDELINES WORKSHEET
(Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.)
[Check one only]
____ A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the
establishment or modification of child support.
____ A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or
modification of child support is not an issue in this case.
I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed
() hand delivered to the person(s) listed below on {date} ________________________________.
Other party or his/her attorney:
Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
E-mail Address(es):
Under penalties of perjury, I declare that I have read this document and the facts stated in it are true.
Dated:
Signature of Party
Printed Name:
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:
{name of individual}
{name of business}
{address}
{city} __________________, {state} ____, {zip code} ______, {telephone number}
.
Once you have the Florida Financial Affidavit Short 12.902(b) form, you'll need to fill it out accurately. This form requires you to provide detailed information about your financial situation. Completing it correctly is essential for your case, so take your time and ensure all information is current and precise.
After completing the form, you’ll need to file it with the appropriate court. Make sure to keep a copy for your records. This will help you stay organized as your case progresses.
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 in divorce proceedings, to disclose an individual's financial situation. This form helps the court understand the financial circumstances of each party involved, which can impact decisions related to alimony, child support, and property division.
Who is required to fill out this form?
What information is included in the form?
The form requests a variety of financial details, including income, expenses, assets, and liabilities. This may include wages, bonuses, rental income, and any other sources of income. Additionally, you will need to list monthly expenses such as housing costs, utilities, and other necessary expenditures. It is crucial to be thorough and honest when providing this information.
Is there a difference between the short form and the long form?
Yes, the short form is designed for individuals with simpler financial situations or fewer assets and liabilities. It requires less detailed information than the long form. However, if your financial situation is more complex, you may be required to use the long form to provide a complete picture of your finances.
How do I submit the completed form?
What happens if I do not fill out this form?
Can I make changes to the form after submission?
Where can I find assistance in completing this form?
Completing the Florida Financial Affidavit Short 12.902(b) form can be a challenging task, and many individuals make common mistakes that can lead to complications. One frequent error is failing to provide accurate income information. It is essential to list all sources of income, including wages, bonuses, and any side jobs. Omitting even a small amount can affect the overall financial picture presented to the court.
Another mistake often seen is not updating the affidavit regularly. Financial situations can change rapidly, and it is crucial to reflect the most current information. If there have been changes in employment, income, or expenses since the last filing, these should be updated accordingly. Courts rely on the accuracy of this information to make informed decisions.
People sometimes overlook the importance of supporting documentation. While the affidavit itself provides a summary of financial status, including pay stubs, tax returns, and bank statements can strengthen the case. Courts appreciate when individuals take the time to provide evidence that backs up the information listed on the form.
Additionally, some individuals may not fully understand the significance of their expenses. Listing all monthly expenses is vital, yet many people either underestimate or forget to include certain costs, such as insurance, childcare, or medical expenses. Providing a complete picture of financial obligations helps ensure that the court understands the individual's financial responsibilities.
Finally, a common mistake is failing to sign and date the form properly. An unsigned or undated affidavit can lead to delays or even rejection of the document. It is essential to review the form thoroughly before submission to ensure that all required signatures are in place and that the date reflects when the affidavit was completed.
The Florida Financial Affidavit Short 12.902(b) form is a crucial document in family law cases, particularly during divorce proceedings. It provides a snapshot of an individual's financial situation. Alongside this form, several other documents are often required to ensure a complete financial picture is presented. Below is a list of common forms and documents that may accompany the Florida Financial Affidavit Short.
Understanding these documents can streamline the divorce process and ensure that both parties are adequately prepared for financial discussions. Gathering these forms in advance can help facilitate a smoother transition and foster better communication between both parties.
When completing the Florida Financial Affidavit Short 12.902(b) form, it's important to follow certain guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn't do:
The Florida Financial Affidavit Short 12.902(b) form is often misunderstood. Below are six common misconceptions about this form, along with clarifications to help individuals navigate its requirements more effectively.
This form is used not only in divorce proceedings but also in other family law matters, such as child support modifications and paternity cases.
In many cases, submitting this financial affidavit is mandatory. Courts require it to ensure that financial disclosures are made transparently.
While legal assistance can be beneficial, many individuals can complete the form on their own by following the provided instructions carefully.
Although the form is filed with the court, it is treated as a public record. However, sensitive information can be redacted in certain circumstances.
Individuals must report all sources of income, including bonuses, rental income, and any other financial resources, not just regular wages.
If there are significant changes in financial circumstances, individuals are required to update their financial affidavit to reflect these changes.
Filling out the Florida Financial Affidavit Short 12.902(b) form is an important step in various legal processes, especially in family law cases. Here are some key takeaways to keep in mind:
Understanding these points can make the process smoother and more efficient. Take your time, and don’t hesitate to ask for help if needed.