Blank Family Law Financial Affidavit 12 902 B PDF Template

1. What is the purpose of the Family Law Financial Affidavit (Short Form) 12.902(b)?

   This form is essential in family law cases requiring a financial affidavit where an individual's gross income is under $50,000 per year. It's used to present a comprehensive view of one's financial status, including income, expenses, and deductions, which is crucial in proceedings related to alimony, child support, and the division of assets.

2. When should I not use the Family Law Financial Affidavit (Short Form) 12.902(b)?

   You should not use this form if you are filing for a simplified dissolution of marriage and both parties have waived the need for financial affidavits, if there are no minor children or support issues and a settlement agreement has been filed, or if the court cannot decide on financial matters.

3. How should I complete the Family Law Financial Affidavit (Short Form) 12.902(b)?

   Complete the form by typing or writing in black ink. Ensure all financial information reflects monthly amounts. If your income or expenses are not monthly, you'll need to convert these figures to monthly equivalents using the provided conversion hints.

4. What must I do after completing the form?

   After filling out the affidavit, sign it before a notary public or deputy clerk, file the original with the circuit court clerk where the case was initiated, and serve a copy to the other party in your case according to Florida Rule of Judicial Administration 2.516.

5. What if I need to keep my address confidential?

   If you're a victim of specific violent crimes and wish to keep your address confidential, do not enter your address information on this form. Instead, file a Request for Confidential Filing of Address with the appropriate documentation.

6. How do I convert my income to a monthly amount?

   Conversion varies by how you're paid (hourly, weekly, bi-weekly, etc.). Multiply your pay by the number of periods you work to get an annual amount, then divide by 12 to find your monthly income. Equivalent conversions should be applied for expenses paid on a non-monthly basis.

7. Is it mandatory to file this affidavit?

   Yes, it is mandatory in family law cases requiring financial disclosure where the individual's gross income is under $50,000, except in specific exempted situations. This documentation helps ensure fair determination of financial matters.

8. What happens if my financial situation changes after filing the affidavit?

   If your financial situation changes significantly, you may need to update the court and possibly file a revised affidavit to reflect your new circumstances, ensuring all relevant decisions remain based on accurate and current information.

9. Can a nonlawyer help me fill out the Family Law Financial Affidavit (Short Form) 12.902(b)?

   Yes, a nonlawyer can assist you, but they must provide you with a Disclosure from Nonlawyer form before assisting, and they must include their name, address, and telephone number on the affidavit. Ensure they understand they cannot give legal advice.

10. Where can I find more information or assistance with completing the form?

    For more guidance, refer to the General Information for Self-Represented Litigants found at the beginning of the form instructions or consult the Florida Family Law Rules of Procedure, specifically Rule 12.285, for further information on financial affidavits.

When completing the Family Law Financial Affidavit 12.902(b), individuals commonly make several mistakes that can significantly impact the outcome of their family law case. Recognizing and avoiding these errors is crucial for presenting an accurate financial situation.

1. Failing to Accurately Convert Income: Individuals often struggle with converting their income to a monthly amount if they are paid by other periods (hourly, daily, bi-weekly, etc.). This can lead to inaccuracies in reported income, affecting the entire financial declaration.

2. Omitting Additional Income Sources: Not including all sources of income, such as bonuses, commissions, and rental income, can lead to an incomplete financial picture. Every recurring income, no matter how small, should be reported.

3. Incorrect Deductions: Incorrectly calculating allowable deductions, such as taxes, Medicare, and child support paid for children from another relationship, can inflate or deflate the net income, leading to potential disputes.

4. Underestimating Monthly Expenses: Underreporting monthly expenses, from utilities to childcare, can affect the calculation of need for alimony or support. Accurate estimations are crucial for a fair assessment.

5. Overlooking Debts and Obligations: Neglecting to list all debts and financial obligations, including credit card payments and loans, can give a skewed representation of one’s financial obligations and ability to pay.

6. Not Providing Supporting Documentation: When required, failing to attach supporting documentation for business income, expenses, or deductions can challenge the credibility of the affidavit. Proper documentation ensures transparency and trust in the presented figures.

Each of these mistakes can lead to challenges in family law proceedings, potentially affecting the determination of alimony, child support, and the division of assets. It, therefore, becomes imperative that individuals take great care when filling out the Family Law Financial Affidavit 12.902(b) to ensure the accuracy and completeness of the information provided.

Alongside the Family Law Financial Affidavit (Short Form) 12.902(b), individuals involved in family law proceedings often need to prepare and file additional forms and documents to provide a full picture of their financial situation. These additional documents are critical for ensuring equitable resolutions in matters such as divorce, child support, and alimony.

• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren): This document outlines how the divorcing couple plans to divide their marital assets and debts. It is especially relevant when both parties can reach an agreement outside of court.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: A mandatory form in cases involving child custody, where the legal guardian declares the child(ren)'s residence history for the past five years. It helps the court ascertain jurisdiction over the custody proceedings.
• Child Support Guidelines Worksheet: Used to calculate the amount of child support pursuant to the guidelines set by the state. This calculation is based on the parents' income, the child's healthcare and childcare costs, and the standard needs for the child.
• Request for Confidential Filing of Address: For individuals aiming to keep their address confidential due to being victims of abuse, this form allows them to omit their contact information from documents filed with the court.
• Notice of Social Security Number: A required form in all family law cases involving child support where the parties must provide their social security numbers, which helps in the enforcement of child support orders.

Each form plays a vital role in ensuring that all financial aspects are considered during family law proceedings. It is crucial for individuals to accurately complete and timely file these documents to support their claims or defenses. Proper legal guidance is advised to navigate the complexities of family law processes effectively.

The Family Law Financial Affidavit (Short Form) under Florida Family Law Rules of Procedure Form 12.902(b) is a critical document in family law proceedings for individuals with an annual gross income under $50,000. It details one's financial situation, including income, deductions, and monthly expenses. This form has similarities with other documents, each serving a unique role in legal and financial contexts. Below, explore nine documents that share common features with the Family Law Financial Affidavit (Short Form).

• Tax returns: Similar to the financial affidavit, tax returns require individuals to disclose their annual income, including wages, business income, and other sources of revenue. Both documents play a significant role in providing a financial snapshot, crucial for determining obligations or entitlements in legal proceedings.
• Child support worksheets: These forms, like the financial affidavit, are used in family law to calculate child support payments. They take into account the income of both parents, the needs of the child, and other relevant financial information.
• Loan applications: When applying for a loan, individuals must disclose their income, expenses, and liabilities, akin to the details provided in a financial affidavit. This information helps lenders assess an applicant’s ability to repay the borrowed amount.
• Bankruptcy schedules: In bankruptcy filings, debtors must list assets, liabilities, income, and expenses, reflecting the comprehensive financial disclosure required in the Family Law Financial Affidavit. The purpose is to determine the debtor’s financial standing and ability to pay creditors.
• Personal financial statements: Often used in business or personal finance, these statements encompass assets, liabilities, income, and expenditures—mirroring the kind of detailed financial overview presented in a financial affidavit.
• Credit card applications: These require information on income and sometimes expenditures, similar to certain sections of the financial affidavit, to evaluate creditworthiness and establish credit limits.
• Income verification forms: Used by employers, landlords, or lending institutions, these forms verify the income of an individual, much like the income section of the financial affidavit. They are essential for proving earnings for various purposes.
• Spousal support/alimony affidavits: Similar to parts of the financial affidavit, these documents specifically gather financial information to calculate spousal support or alimony, taking into consideration the needs of one party and the other's ability to pay.
• Financial aid applications: For those seeking financial assistance for education, these applications require detailed information about income, expenses, and financial resources, similar to the affidavit, to determine eligibility and need for aid.

Each of these documents, while serving diverse purposes, shares the common theme of requiring detailed financial disclosure to inform decisions in legal, financial, and educational contexts. Understanding the similarities and differences between these forms can enhance one’s ability to navigate various processes requiring financial transparency.

When completing the Family Law Financial Affidavit (Short Form) 12.902(b), certain practices should be followed to ensure accuracy and compliance. Below are lists of things you should and shouldn't do during this process.

What You Should Do:

• Ensure all information is entered in black ink if completing the form manually.
• Convert all income and expense figures to monthly amounts, regardless of how they are initially received or billed.
• Attach additional sheets if necessary to fully itemize business income and expenses or any other income sources requiring further explanation.
• Sign the form in front of a notary public or deputy clerk as a declaration that the information provided is true and accurate.
• File the original affidavit with the clerk of the circuit court in the appropriate county and retain a copy for your own records.
• Serve a copy of the affidavit on the other party within 45 days of being served with the petition, unless it is included with the initial court filings.
• Include all sources of income, ensuring nothing is omitted intentionally.
• Accurately calculate deductions according to allowable criteria under Section 61.30, Florida Statutes.
• Review and understand the definition of terms, as outlined at the beginning of the form instructions, to accurately complete the form.
• Request confidentiality for your address if you are a victim of certain types of violence or harassment, using the appropriate supplemental form.

What You Shouldn't Do:

• Do not leave any required fields blank; if a section does not apply, write "N/A" or "0" as appropriate.
• Do not underestimate or overestimate income and expenses to mislead the court.
• Do not forget to include supplemental sheets for detailed explanations when required.
• Do not disregard the need to file a Request for Confidential Filing of Address if you are a victim needing protection.
• Do not serve the affidavit on the other party later than 45 days after receiving the petition, as it could result in penalties.
• Do not ignore the conversion of income and expenses to monthly amounts, even if they are received or billed on a different schedule.
• Do not submit the affidavit without reviewing it for errors and ensuring that all math is correct.
• Do not file the form without keeping a copy for your records, which may be needed for future reference.
• Do not fill out the form in ink colors other than black if completing it manually, as this may lead to filing issues.
• Do not provide false information, as doing so can have legal consequences.

Many people entering the family law process are confronted with the task of completing a Family Law Financial Affidavit Short Form (12.902(b)) and often hold misconceptions about its purpose, requirements, and impacts. Here are nine common misconceptions clarified:

• It's only about income. While income is a significant part of the affidavit, expenses, deductions, and financial obligations are equally important. The document provides a complete picture of your financial status, not just how much money you make.
• It doesn't need to be accurate. Every figure you enter on this form should be as accurate as possible. Estimations should be used judiciously and only when precise figures aren't available. Inaccuracies can lead to challenges in proceedings.
• You can leave sections blank. If a section does not apply to you, it's better to note it as "N/A" or "0" rather than leave it blank. This shows that you didn't overlook the section but that it genuinely doesn't apply to your situation.
• Signing it is just a formality. When you sign the affidavit, you are swearing under oath that the information provided is true and accurate to the best of your knowledge. It's a legally binding document, and false statements can lead to penalties.
• Only monthly figures are allowed. While the form focuses on monthly income and expenses, it provides instructions on converting other payment frequencies (like weekly or bi-weekly) into monthly amounts. This ensures accuracy across different income types.
• It’s the same regardless of income. This specific form (12.902(b)) is designed for individuals with a gross annual income of under $50,000. Higher earners must use the long form version (12.902(c)), which requires more detailed financial information.
• I can fill it out once and forget it. Financial situations can change. You may need to update your affidavit if there are significant changes to your financial status, employment, or personal circumstances during the court process.
• Everyone can see my financial information. While the affidavit is part of the public record, measures like the "Request for Confidential Filing of Address" exist for protecting sensitive information under certain conditions.
• Help from a nonlawyer is discouraged. Nonlawyers can assist in filling out the form, provided they give you a completed "Disclosure from Nonlawyer" form first. However, they must clearly identify themselves on the document they help you complete.

Understanding these aspects of the Family Law Financial Affidavit Short Form can alleviate some of the stress and confusion surrounding the legal process, ensuring that you are better equipped to present your financial situation accurately and effectively.

Filling out the Family Law Financial Affidavit (Short Form) under Florida Family Law Rules of Procedure Form 12.902(b) is crucial for individuals engaged in various family law cases who earn less than $50,000 per year. Here are five key takeaways to ensure the process is completed accurately:

• Understand When to Use: This form must be utilized in family law cases where a financial affidavit is required and your annual gross income is under $50,000. Specific exceptions apply, such as in simplified dissolution of marriage cases under certain conditions or when there are no minor children and financial issues have been resolved via settlement.
• Completing the Form: Accuracy is paramount when filling out the affidavit. Use black ink for printed submissions and make sure all monthly income and expense amounts are current. If you receive income or pay bills on a non-monthly basis, you’ll need to convert these to monthly figures using the method provided in the instructions.
• Timely Filing and Service: After signing the form in the presence of a notary public or deputy clerk, file the original with the clerk of the circuit court in the corresponding county and serve a copy on the other party within 45 days of being served the petition if not included in the initial service.
• Maintain Privacy: If you are a victim of specific crimes like domestic violence or stalking and wish to keep your address confidential, do not provide address or contact information on the form. Instead, file a Request for Confidential Filing of Address using the designated Florida Supreme Court Approved Family Law Form.
• Detailed Disclosure: The affidavit requires a comprehensive disclosure of monthly gross income—which includes salary, benefits, and any other regular income sources—as well as allowable monthly deductions and net income. Expenses must also be meticulously documented, ranging from household and vehicle expenses to debts and other personal expenses.

Ensuring that the Family Law Financial Affidavit (Short Form) is filled out accurately and filed correctly plays a critical role in family law proceedings, directly affecting the outcomes of cases regarding alimony, child support, and the division of assets. Seek professional assistance if you have any uncertainties regarding the form or need help with the calculations and conversions required.