Free Family Law Financial Affidavit 12 902 B Form in PDF

Instructions on Writing Family Law Financial Affidavit 12 902 B

Filling out the Family Law Financial Affidavit (Short Form) 12.902(b) is an essential step in the process for individuals involved in family law cases in Florida who earn under $50,000 annually. This document provides the court with a detailed overview of one's financial situation, helping to ensure that financial matters, such as alimony and child support, are fairly addressed. It's important to approach this document thoroughly and accurately, providing a comprehensive picture of your financial status. Below are the steps to complete this form correctly.

1. Gather all necessary financial documents, including recent pay stubs, bank statements, tax returns, and bills, to ensure accurate reporting of income and expenses.
2. Type or print in black ink to ensure legibility. If handwriting, make sure it's readable.
3. Start by filling out the case number and division at the top of the form, as well as your full legal name, occupation, employment details, business address, and pay rate.
4. If you are unemployed, check the appropriate box and attach a separate sheet detailing your efforts to find employment as required.
5. Under Section I (Present Monthly Gross Income), convert your income to a monthly figure using the conversion hints provided, and fill in all applicable fields from 1 to 16. Make sure to attach additional sheets if you have various sources of income that need itemizing, such as business income or rental income.
6. In the deductions section, accurately calculate allowable deductions from lines 18 to 25, including taxes, insurance payments, and any court-ordered child support or alimony payments. Again, convert to monthly amounts where necessary.
7. Calculate your total deductions and subtract this from your total gross income to determine your net monthly income.
8. Under Section II (Average Monthly Expenses), list your current or estimated monthly expenses in all categories provided. Be honest and realistic in your estimations to reflect your actual living expenses accurately.
9. For expenses that don’t fit into the categories listed, use the sections marked 'Other' to detail these expenses. This ensures that every aspect of your financial situation is covered.
10. Sign and date the bottom of the form before a notary public or deputy clerk to certify that the information provided is true and correct.
11. File the original form with the clerk of the circuit court in the county where your case is being heard and keep a copy for your records. Remember, this form must be served on the other party within 45 days of being served with the petition if not included with your initial papers. Ensure service is performed in accordance with Florida Rule of Judicial Administration 2.516.

Completing the Family Law Financial Affidavit with diligence and precision is crucial for the equitable resolution of financial matters in a family law case. This document plays a key role in proceedings by providing the court with a clear overview of your financial standing, which supports the determination of financial obligations and entitlements. Therefore, take special care to ensure every portion of the form is filled out accurately and thoroughly, reflecting your financial status honestly and completely.

Who needs to use the Family Law Financial Affidavit (Short Form) 12.902(b)?

Anyone involved in a family law case in Florida with an individual gross income of UNDER $50,000 per year must use this form, unless they're going through a simplified dissolution of marriage where both parties waive the affidavit, have no minor children or support issues with a settlement agreement in place, or the court can't decide on financial issues.

How should the Family Law Financial Affidavit (Short Form) be completed?

This form should be filled out either by typing or printing in black ink. After completion, the form needs to be signed in front of a notary public or deputy clerk. It's crucial to accurately report monthly income and expenses, converting non-monthly payments according to the provided instructions.

What happens after the form is completed?

Once completed and signed, the original form should be filed with the clerk of the circuit court in the county where the petition was filed. A copy must also be served to the other party in the case within 45 days of being served with the petition, unless it was already served with the initial papers. Serving the form must follow Florida Rule of Judicial Administration 2.516.

Where can additional information be found before proceeding with the Family Law Financial Affidavit (Short Form)?

Before filling out the form, it's important to read the "General Information for Self-Represented Litigants" found at the beginning of the form instructions. This section provides definitions for terms used in the instructions and directs where to find further information.

What protections exist for individuals with safety concerns when completing this form?

If you're a victim of sexual battery, aggravated child abuse, stalking, harassment, aggravated battery, or domestic violence, and wish to keep your address confidential, do not fill out the address section. Instead, file a Request for Confidential Filing of Address, following the form 12.980(h).

How should income be converted if not received monthly?

For those paid hourly, daily, weekly, bi-weekly, or semi-monthly, the form provides specific calculations to convert these amounts to a monthly figure. This ensures consistency and accuracy when reporting financial information.

Can someone help me fill out the form?

Yes, but if the person helping you is not a lawyer, they must provide you with a copy of the Disclosure from Nonlawyer form 12.900(a) and include their name, address, and telephone number on the last page of the form they help you complete. This is to ensure transparency and accountability.

What if I have additional sources of income or expenses not listed?

If you have other income or expenses not specifically mentioned in the form, there's space provided to list these out separately. Be sure to itemize each one with the amount to ensure all financial information is accurately represented.

Are there any hints provided for converting expenses?

Yes, the same conversion methods provided for calculating monthly income can be applied to expenses. This helps in cases where bills are not paid on a monthly basis, ensuring that all information is presented on a consistent monthly basis.

What if I'm unemployed?

If you're unemployed at the time of filling out this form, there's an option to indicate this status. Additionally, you must provide an explanation on a separate sheet detailing your efforts to find employment.

Filling out the Family Law Financial Affidavit (Short Form) 12.902(b) can be a tricky process, and it’s crucial to approach it meticulously to avoid common pitfalls. One of the most frequent mistakes is not converting income and expenses to their monthly equivalents as required by the form’s instructions. This form stipulates that all amounts must be presented on a monthly basis, which can be a confusing task if your income or expenses are not already structured in this way. For those who receive or pay on a schedule that is not monthly, failing to accurately convert these amounts can lead to incorrect totals, significantly affecting the outcome of your case.

Another common error lies in underestimating or overlooking small or irregular expenses, which may seem insignificant individually but can collectively account for a substantial portion of one's financial situation. Items such as occasional dining out, car maintenance, and unexpected healthcare costs should be carefully considered and included where applicable. This oversight can misrepresent your financial status, potentially impacting negotiations or court decisions regarding spousal or child support.

Inaccurately reporting income sources can also lead to issues down the line. The form requires detailed information about various types of income, including salary, bonuses, commissions, and benefits like disability or unemployment compensation. Forgetting to include any of these, especially irregular income such as bonuses or commissions, can paint an incomplete picture of your financial health. This mistake can affect not only the current legal proceedings but also future modifications to support orders.

A misunderstanding about what constitutes monthly gross income versus net income is another error that occurs frequently. Gross income is your income before taxes and deductions, while net income is what you receive after these deductions. Confusing these two can significantly distort the information on the affidavit, leading to potential discrepancies and legal challenges.

Failing to accurately report debts and monthly obligations is a critical error that can have legal consequences. Whether it’s child support from a previous relationship, credit card payments, or loan obligations, underreporting or forgetting to disclose these liabilities can result in a misunderstanding of your financial capabilities and responsibilities.

Many individuals neglect to adjust their reported expenses to reflect any changes in their living situation that may occur due to the dissolution of marriage or other family law cases. Proposed or estimated expenses should be updated to provide an accurate reflection of your anticipated financial situation post-case resolution.

Errors in filing status or the number of dependents claimed can also lead to inaccuracies in calculated deductions, such as taxes, thereby affecting the affidavit’s portrayal of your financial standing. This misrepresentation can influence determinations regarding alimony and child support, impacting both parties involved.

Lastly, failure to update the affidavit with current information or to provide necessary documentation for income and expenses can jeopardize the integrity of your financial disclosure. It is imperative to present the most accurate, up-to-date information available to ensure a fair assessment of your financial situation. The affidavit serves as a foundational document in family law cases, and its accuracy is paramount to ensuring an equitable process for all involved.

When dealing with family law matters, especially those involving financial disclosures, the Family Law Financial Affidavit (Short Form) 12.902(b) is pivotal but hardly the sole document required. Several other forms and documents are often used to provide a comprehensive overview of an individual's financial situation. These facilitate the proper assessment of alimony, child support, division of marital assets, and other financial considerations.

• Marital Settlement Agreement (Florida Family Law Rules of Procedure Form 12.902(f)(3)) - This document outlines the agreements reached between parties regarding the division of assets and liabilities, alimony, child support, and other financial matters in the process of a dissolution of marriage.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)) - It's required in cases involving child custody determinations. Parents must provide information about the child's current residence and past living situations to establish jurisdiction and prevent abduction or wrongfully retaining the child.
• Parenting Plan (Florida Supreme Court Approved Family Law Form 12.995(a) or (b)) - This document specifies the shared parenting arrangement, including how parents will share and be responsible for the daily tasks associated with the upbringing of the child(ren), the time-sharing schedule, and the decision-making authority regarding health care, school, and physical, social, and emotional well-being.
• Child Support Guidelines Worksheet (Florida Family Law Rules of Procedure Form 12.902(e)) - Essential for calculating the amount of child support pursuant to the guidelines schedule. The form considers both parents' income, healthcare and childcare costs, and the number of overnight stays the child has with each parent.
• Request for Confidential Filing of Address (Florida Supreme Court Approved Family Law Form 12.980(h)) - This form is used if a party wishes to keep their address confidential, often in cases of domestic violence, stalking, or other safety concerns. It must accompany any filings where address confidentiality is requested.
• Notice of Social Security Number (Florida Supreme Court Approved Family Law Form 12.902(j)) - Required in all family law cases involving the establishment of paternity, child support, alimony, and dissolution of marriage, it ensures proper identification of parties.

In complex family law proceedings, the interplay of various forms ensures that all financial aspects are transparent and all parties are fairly represented. Understanding the purpose and requirement of each document streamlines the process, making what could be an overwhelming journey a little less daunting.

The Uniform Residential Loan Application is closely related to the Family Law Financial Affidavit (Short Form) due to its comprehensive approach to assessing an individual's financial situation. While the affidavit focuses on income and expenses related to family law proceedings, the loan application expands this evaluation to assess creditworthiness for mortgage financing. Both documents require detailed disclosures of income, assets, liabilities, and expenses but serve different ends—legal proceedings in one case and loan qualification in the other.

The Child Support Guidelines Worksheet mirrors the Family Law Financial Affidavit in its purpose to outline financial capabilities, specifically for determining child support obligations. Both documents require the disclosure of income, including salary, bonuses, and other earnings, but the Worksheet uses this financial data to calculate the appropriate amount of child support according to state guidelines. This shared focus on financial analysis for family support makes them closely aligned in function and form.

Bankruptcy Schedules and Statements also share similarities with the Family Law Financial Affidavit, particularly in gathering detailed financial information from an individual. These bankruptcy documents require comprehensive listings of assets, liabilities, income, and monthly living expenses, akin to the affidavit's disclosure requirements for family law cases. The motive behind both sets of documents is to present a complete financial picture, albeit for different legal processes—personal financial restructuring versus family law resolution.

The Personal Financial Statement, often required by banks for loan applications, overlaps with the Family Law Financial Affidavit in its aim to capture an individual's financial standing. These statements solicit detailed information on assets, liabilities, income, and expenses, similar to the financial affidavit. However, the Personal Financial Statement primarily supports financial transactions and decisions within the banking sector, contrasting with the legal context of the affidavit.

Finally, the Property Settlement Agreement in divorce proceedings bears resemblance to the financial affidavit, as it outlines the division of assets and liabilities between spouses. While the Property Settlement Agreement acts on the financial data disclosed, possibly including information from the affidavit itself, the Family Law Financial Affidavit provides the foundational financial disclosure necessary for equitable division decisions. This direct application of disclosed financial information in reaching settlement agreements links the two documents closely in the divorce process.

Filling out the Family Law Financial Affidavit (Short Form) 12.902(b) can seem daunting, but taking it step by step can help ensure accuracy and compliance. Here is a list of dos and don'ts to guide you through the process:

• Ensure all information is typed or printed in black ink to maintain clarity and readability.
• Convert all income and expenses to monthly amounts, using the conversion hints provided in the form instructions, to maintain consistency and avoid confusion.
• Attach additional sheets if necessary to itemize income and expenses that require detailed breakdowns, ensuring nothing is left out.
• Sign the form before a notary public or deputy clerk as a declaration that all the information provided is true and correct to the best of your knowledge.
• File the original affidavit with the clerk of the circuit court in the county where your petition was filed, keeping a copy for your own records.
• Serve a copy on the other party within 45 days of being served with the petition, following the correct service procedures to ensure legal compliance.
• Read the General Information for Self-Represented Litigants carefully for an understanding of basic terms and requirements.

• Forget to request confidentiality of your address if you are a victim of certain crimes, using the correct Florida Supreme Court Approved Family Law Form for your safety and privacy.
• Overlook the importance of converting income and expenses that are not monthly, which could lead to incorrect totals and potentially affect the outcome of your case.
• Leave out any income sources or underestimate expenses, as full disclosure is required and misleading the court can have serious consequences.
• Skip the step of itemizing business income and expenses, or any other income that requires an explanation, as detailed clarity is crucial for accuracy.
• Miss signing the form in the presence of an authorized official, as an unsigned affidavit may be considered invalid.
• Fail to serve the form on the other party within the mandated timeframe, as this could lead to delays or complications in your case.
• Attempt to complete the form without consulting the provided instructions and informational resources, which are designed to help you navigate the process.

There are several misconceptions about the Family Law Financial Affidavit (Short Form) 12.902(b), which can lead to confusion for individuals navigating through family law proceedings. Understanding these misconceptions can help in accurately completing and utilizing the form.

• Only those with traditional 9-5 jobs need to fill it out: This is not true. The form must be filled out by anyone involved in a family law case who makes under $50,000 annually, regardless of their employment type. This includes self-employed individuals and those with alternative income sources.

• It's optional if you agree with your spouse: Even if both parties agree on financial matters, this affidavit may still be required. Its purpose is to provide a clear picture of each party's financial status, ensuring fair decisions are made.

• All income types need not be reported: All types of income must be reported on the affidavit. This includes, but is not limited to, salary, bonuses, disability benefits, and rental income. Omitting any source of income can lead to inaccuracies and potential legal issues.

• Expenses don’t need to be detailed: A common misconception is that listing general estimates of expenses is sufficient. However, accurate detailing of monthly expenses is crucial for a fair assessment of financial needs and obligations.

• You can omit assets or debts: All assets and debts must be disclosed in the affidavit. Hiding or omitting information can result in legal consequences and a delay in proceedings.

• It’s only necessary at the start of a case: This form may need to be updated and resubmitted if there are significant changes to your financial situation or at the request of the court or the other party.

• It doesn’t need to be notarized: The affidavit must be signed before a notary public or deputy clerk, ensuring that the information provided is sworn to be true.

• Estimates are fine for all figures: While estimates are used for future expenses, past and current income and expenses must be as accurate as possible. Estimates should be clearly marked and justified.

• Digital service is always acceptable for serving the form: Service must comply with Florida Rule of Judicial Administration 2.516, which may not always permit digital service. Understanding the correct methods of service is important for compliance.

• You don’t need to file it if you don’t have children or support issues: The requirement to file the affidavit is not solely based on whether there are minor children or support issues. If your individual gross income is under $50,000, you need to file it unless specific exceptions apply.

It is always recommended to thoroughly read the instructions of the Family Law Financial Affidavit (Short Form) 12.902(b) and consult with a legal professional if you have any doubts or questions. This ensures that the form is filled out accurately and in compliance with Florida family law procedures.

Understanding the Family Law Financial Affidavit (Short Form) 12.902(b) is crucial for anyone navigating a family law case in Florida with an individual gross income under $50,000 per year. Here are key takeaways to ensure accurate completion and use of this form:

• This form is specifically designed for family law cases where your annual gross income is below $50,000. It is important to carefully determine whether your income falls within this category before proceeding.
• Exemptions to filing this affidavit include cases of simplified dissolution of marriage where both parties waive the requirement, cases without minor children or support issues settled by a written agreement, and situations where the court lacks jurisdiction over financial matters.
• Filling out the form requires you to type or print in black ink. Each detail regarding your financial condition must be accurately accounted for, ensuring no misinformation that could impact your case.
• Your signature must be notarized or certified by a deputy clerk, reinforcing the veracity of the information provided.
• The original document must be filed with the clerk of the circuit court in the county of the case’s jurisdiction, with a copy retained for your records.
• Service of this form on the other party must be completed within 45 days of being served with the petition, aligning with Florida Rule of Judicial Administration 2.516 for proper legal procedure.
• Conversion of non-monthly income and expenses to monthly figures is required for a holistic monthly financial overview. The form provides specific calculations for converting hourly, daily, weekly, bi-weekly, and semi-monthly payments.
• Victims of certain crimes seeking confidentiality of their address and contact information must not fill in these sections but should instead request confidential filing through Form 12.980(h).
• Nonlawyer assistance in completing the form requires adherence to specific rules, including the provision of a Disclosure from Nonlawyer (Form 12.900(a)) by the assisting individual, who must also include their contact information on the document.

Accurately completing the Family Law Financial Affidavit (Short Form) is integral to family law proceedings, ensuring that all parties have a clear understanding of the financial circumstances impacting the case. It’s a legal tool designed to facilitate fair and equitable resolutions in family law disputes.