Download Family Law Financial Affidavit 12 902 B Template

Family Law Financial Affidavit 12 902 B - Usage Steps

Completing the Family Law Financial Affidavit (Short Form) 12.902(b) is a critical step in a family law case, particularly when individual gross income is under $50,000 per year. This document details your financial situation to ensure fair decisions can be made regarding alimony, child support, and the division of assets. Carefully and honestly filling out this form is essential for accurately representing your financial status.

1. Start by entering your case number and division at the top of the form, along with your full legal name, your occupation, and your employer's details, including the business address.
2. Indicate your pay rate and select the appropriate frequency of your pay - weekly, every other week, twice a month, monthly, or specify another frequency.
3. If not employed, check the unemployment box and provide a separate sheet explaining efforts to find employment.
4. Under Section I. Present Monthly Gross Income, convert all your income to monthly amounts using the provided calculations if not paid monthly. Include:
   • Gross salary or wages
   • Any bonuses, commissions, etc.
   • Business income from self-employment or partnerships
   • Any benefits like disability, worker’s compensation, unemployment, etc.
   • Income from pensions, retirement, social security, alimony received, and any other sources.
5. List all monthly deductions, including taxes, FICA/self-employment taxes, health insurance, mandatory union dues, retirement payments, child support, or alimony paid.
6. Calculate your total deductions and subtract this from your total gross income to determine your net monthly income.
7. In Section II, list your average monthly expenses. You may need to estimate expenses if undergoing a dissolution of marriage. Include household expenses, automobile expenses, children's expenses, insurance, and other expenses not listed.
8. Detail payments to creditors, including the creditor's name and the monthly payment amount.
9. Review the affidavit to ensure all information is accurate and truthful. Remember, providing false information can have legal consequences.
10. Sign the form before a notary public or deputy clerk. Ensure you provide all the required information without leaving blank spaces; write "N/A" or "0" if a section does not apply.
11. File the original form with the clerk of the circuit court in the county where your petition was filed and serve a copy to the other party according to Florida's service procedures.

After submitting the Family Law Financial Affidavit, your financial transparency will aid in the fair resolution of your case. Remember to keep a copy for your records and follow up with any requests from the court or the opposing party to ensure a smooth legal process.

1. What is the purpose of the Family Law Financial Affidavit (Short Form) 12.902(b)?
   This form is used in family law cases when a person's gross annual income is under $50,000. It's essential for disclosing financial information which may affect proceedings such as child support, alimony, and division of property.

2. When should I not use this form?
   You should not use this form if you are filing for a simplified dissolution of marriage and both parties waive the requirement for a financial affidavit; you have no minor children or support issues and have agreed on financial matters; or if the court cannot decide on financial issues.

3. How should I complete this form?
   The form should be filled out in black ink, typing or printing clearly. It requires detailed information about monthly income and expenses. Conversions are necessary if you do not receive income or pay bills on a monthly basis, and specific calculations are provided in the form's instructions to aid in this.

4. What are the steps after completing the form?
   Once the form is completed, it should be signed before a notary public or deputy clerk, then filed with the clerk of the circuit court where the case was initiated. Remember to keep a copy for your records and serve another copy on the opposite party within 45 days of being served with the petition, unless it has already been served with initial paperwork.

5. How do I serve the affidavit on the other party?
   The affidavit must be served following Florida Rule of Judicial Administration 2.516. This might involve formal delivery through a process server or by mail, depending on what the rules stipulate and the nature of your case.

6. What if I need to keep my address confidential?
   If you're a victim of certain crimes like domestic violence or stalking and need to keep your address confidential, do not fill out the address section on this form. Instead, file a Request for Confidential Filing of Address using the Florida Supreme Court Approved Family Law Form 12.980(h).

7. How do I convert my income and expenses if I do not receive or pay them on a monthly basis?
   The instructions provide formulas to convert your income and expenses to monthly amounts. For example, if you're paid hourly, multiply your hourly wage by the hours worked per week, then by 52 (weeks in the year), and divide by 12 to calculate your monthly income. Use a similar approach for expenses paid on a non-monthesequencer basis.

Filling out the Family Law Financial Affidavit (Short Form) 12.902(b) is a crucial step in family law cases in Florida, especially when an individual's gross income is under $50,000 per year. However, mistakes in completing this form can lead to delays and complications. Here are nine common mistakes to avoid:

1. Incorrect income reporting: One common error is not accurately reporting monthly gross income. This includes failing to add bonuses, commissions, or other sources of income. It is important to review all income sources meticulously to ensure accuracy.
2. Omitting occasional income: Occasional or seasonal income, such as money from freelance work, should not be overlooked. Even if it seems insignificant or irregular, all income must be reported to provide a complete financial picture.
3. Improper calculation of expenses: Many individuals underestimate or inaccurately calculate their monthly expenses. It's critical to track and convert expenses correctly according to the provided instructions, especially if they are not billed monthly.
4. Ignoring debts and liabilities: Failing to list all debts and liabilities, including credit cards and loans, can result in an inaccurate assessment of financial obligations. It's essential to disclose all debts to avoid potential issues.
5. Incomplete disclosures: Sometimes, sections of the form are left blank or incomplete. It is important to fill out each required section comprehensively, attaching additional sheets if necessary for full disclosure.
6. Errors in converting payment frequencies: Converting incomes and expenses to their monthly equivalents can be tricky. Errors often occur when converting from hourly, weekly, bi-weekly, or semi-monthly to monthly amounts. Carefully follow the conversion instructions provided in the form.
7. Miscalculating deductions: Deductions, such as taxes, health insurance, and child support payments, must be calculated accurately. Incorrect deductions can significantly affect the calculation of net income.
8. Overlooking the attachment requirement: Failing to attach additional sheets itemizing business income, expenses, or any income source or expense that requires detailed explanation is a common mistake. All pertinent financial details should be documented and attached as instructed.
9. Incorrect filing: The completed form must be signed, notarized, and filed with the circuit court clerk in the correct county. Serving the form on the other party within the specified timeframe is also crucial and often overlooked.

By avoiding these mistakes, individuals can ensure their Family Law Financial Affidavit accurately reflects their financial situation, aiding the court in making informed decisions regarding their case. Accurate and thorough completion of the form is essential for the smooth progression of family law proceedings.

Understanding and preparing the necessary documentation for family law proceedings requires meticulous attention to detail and an awareness of all potentially relevant forms. Alongside the Family Law Financial Affiditat 12.902(b), various other documents play a vital role in ensuring thorough and accurate representation of one's financial status. The following list encompasses essential forms typically utilized in conjunction with the Family Law Financial Affidavit Short Form.

• Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren) (Form 12.902(f)(2)): This document is used when spouses agree on the terms of their divorce, including the division of assets and debts, and they have no minor children together. It outlines the agreed-upon financial terms and conditions, complementing the financial disclosures made in the affidavit.
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)): Required in all cases involving custody of or visitation with minor children, this affidavit provides details about the children's current residence, past living arrangements, and the presence of any custody cases in other jurisdictions, helping to assess the financial needs and obligations regarding the children.
• Child Support Guidelines Worksheet (Form 12.902(e)): For determining the appropriate amount of child support, this worksheet utilizes the financial information provided in the affidavit. It calculates support based on income, childcare costs, health insurance expenses, and other relevant financial factors.
• Notice of Social Security Number (Form 12.902(j)): This form requires parties to disclose their social security numbers and the social security numbers of any minor children involved in the case. It's a crucial document for accurately processing and enforcing financial obligations such as child support or alimony.

Together, these documents provide a comprehensive view of an individual's financial landscape, allowing courts to make well-informed decisions regarding financial obligations and entitlements. Proper completion and submission of these forms are foundational steps towards achieving a fair and equitable resolution in family law proceedings.

The Schedule C (Form 1040), Profit or Loss from Business, is reminiscent of the Family Law Financial Affidavit in that both documents require detailed financial information concerning income. The Schedule C focuses on business income and expenses for those who are self-employed or own a business, much like section three of the Affidavit which requires information on business income from self-employment or partnerships. Both forms serve to provide a comprehensive view of an individual's financial situation, albeit for different legal procedures.

The Uniform Residential Loan Application closely mirrors the Family Law Financial Affidavit as they both gather detailed personal and financial information to assess financial stability. The loan application is used by lenders to determine a borrower's creditworthiness for a mortgage, similarly requiring detailed income, expense, and asset information. The parallel lies in their function to evaluate financial health and obligations, influencing decision-making processes in legal and financial contexts.

The Child Support Guidelines Worksheet, utilized in family law to calculate child support obligations, aligns with the Affidavit's purpose of detailing financial status for family-related legal matters. Both documents require comprehensive disclosure of income, including salaries, bonuses, and other earnings, to ensure fair and adequate financial support decisions for children involved in family law proceedings.

The Property Settlement Agreement, often used in divorce cases to outline the division of assets and debts, complements the information provided in the Family Law Financial Affidavit. The Affidavit's detailed declaration of income and expenses supports the equitable division of property by offering a transparent picture of each party's financial capabilities and needs, underpinning negotiations and agreements in the settlement process.

The Individual Income Tax Return (Form 1040) shares similarities with the Family Law Financial Affidavit through its comprehensive collection of personal income data and deductions. Both forms require detailed financial information to assess an individual's economic standing, albeit for different reasons—the Tax Return for determining tax obligations and refunds, and the Affidavit for informing family law proceedings.

The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) parallels the Family Law Financial Affididavit by necessitating detailed personal information to inform legal proceedings. While the UCCJEA focuses on child custody matters by requiring information on children's residence history, the Affidavit provides financial information crucial for determining support and custody arrangements based on parental resources.

The Chapter 7 Bankruptcy Forms necessitate a meticulous declaration of individual financial information, akin to the Family Law Financial Affidavit. Bankruptcy filing involves listing all assets, liabilities, income, and expenses, similar to the Affidavit's requirement for a full financial disclosure, aiming to give a transparent overview of the filer's financial status to determine eligibility for debt relief.

The College Financial Aid Application (FAFSA) requires detailed information about a student's and their family's financial situation to determine eligibility for financial aid, resembling the Family Law Financial Affidavit's objective of mapping out finances for legal purposes. Both forms assess financial health and resources to make decisions on financial support, whether for educational funding or family law outcomes.

The Mortgage Assistance Application forms used by homeowners seeking forbearance or modification of their mortgage due to financial hardship mirror the Family Law Financial Affidavit's depth of financial information required. By disclosing detailed income, expenses, and liabilities, these forms evaluate individuals' ability to meet their financial obligations, guiding decisions on loan modifications or assistance eligibility.

The Social Security Disability Benefits Application collects detailed financial data to ascertain eligibility for disability benefits, akin to the Family Law Financial Affidavit's function. Both require disclosure of income sources, including disability benefits or workers' compensation, to assess financial status and eligibility for benefits under their respective legal frameworks.

Filling out the Family Law Financial Affidavit Form 12.902(b) is a critical step in family law cases in Florida. Here are important dos and don'ts to consider:

• Do ensure all the information you provide is accurate. Verify your income, expenses, assets, and liabilities carefully before submitting the document.
• Do convert your income and expenses to monthly amounts using the conversion hints provided in the instructions, ensuring consistency across the affidavit.
• Do remember to sign the form before a notary public or deputy clerk. This step is essential for the affidavit to be valid.
• Do file the original affidavit with the clerk of the circuit court in the county where your case is filed, and keep a copy for your records.
• Do serve a copy on the other party within 45 days of being served with the petition if it wasn't served with your initial papers, following Florida's rules on legal service.
• Do keep your address confidential if you are a victim of certain crimes, by not entering your address on the form and instead filing a Request for Confidential Filing of Address.

• Don't guess or estimate your income and expenses. Use actual figures and convert them to monthly amounts where necessary.
• Don't forget to list all sources of income, including secondary employment, freelance work, or any government benefits you receive.
• Don't omit any debts or liabilities. Incomplete or inaccurate information can negatively impact your case.
• Don't ignore the instructions on how to complete the form, particularly the details regarding conversion of amounts to monthly figures.
• Don't leave any sections blank. If a section does not apply to you, indicate this by writing "N/A" (not applicable).
• Don't have a nonlawyer help you fill out the form without ensuring they provide you with a copy of the Disclosure from Nonlawyer form as required.

When it comes to the Family Law Financial Affidavit Short Form 12.902(b) in Florida, there are several common misunderstandings. It's important to clear these up to ensure those going through family law proceedings can accurately and confidently complete the form.

• Only income matters are covered. A common misconception is that the affidavit only addresses income. In reality, it requires detailed information about both income and expenses, providing a comprehensive financial overview.

• Monthly figures can be estimated or rounded. The form demands precise monthly figures, not estimates or rounded numbers. For individuals not paid monthly, the form provides specific formulas to calculate their monthly income accurately.

• It's irrelevant if you're unemployed. Even if unemployed, you must complete the form. There's a specific section to explain unemployment status and detail efforts to find employment.

• Personal living expenses aren't important. Contrary to this belief, the form requires a breakdown of your average monthly personal living expenses in detail. This includes everything from housing costs to gifts and miscellaneous expenses.

• One-time income doesn't need to be reported. The form requires reporting of any recurring income. However, it specifies that monthly gains from dealing in property, unless recurrent, should not be included, which may confuse some about what constitutes “recurring” income.

• Assistance from others is irrelevant. If you receive any reimbursed expenses or in-kind payments that reduce your living expenses, these must be listed. This underscores the form’s aim to capture all supports that offset personal expenses.

• Filling out the form once is enough. Financial situations can change, and as they do, it may be necessary to update this affidavit to accurately reflect your current finances. Always ensure your most current financial situation is represented.

Understanding the specifics of Family Law Financial Affidavit Short Form 12.902(b) is crucial for those navigating family law proceedings. By dispelling common misconceptions, individuals can ensure they fill out the form accurately and in compliance with Florida laws, contributing to a smoother legal process.

When navigating through the complexities of family law cases, the completion and use of the Family Law Financial Affidavit (Form 12.902(b)) stand out as critical steps for those with an individual gross income of under $50,000 per year. This form requires careful attention to detail and adherence to specific guidelines to ensure accuracy and compliance with Florida's family law procedures. Here are six key takeaways to help individuals understand and utilize this form effectively:

• Eligibility and Exceptions: The Family Law Financial Affidavit (Short Form) is specifically designed for use in family law cases where the individual's gross income falls below $50,000 annually. However, exceptions such as cases involving a simplified dissolution of marriage, absence of minor children and support issues, and situations where the court lacks jurisdiction over financial matters, may waive the requirement for this affidavit.
• Form Completion and Submission: It is imperative to type or print the form in black ink, ensuring that all information is accurate and legible. After completing the form, it must be signed in the presence of a notary public or deputy clerk, then filed with the clerk of the circuit court in the relevant county. Retaining a copy for personal records is also advised.
• Serving the Affidavit: If the affidavit is not submitted with the initial papers, it must be served on the other party within 45 days of the petitioner receiving the petition. The serving process should comply with the Florida Rule of Judicial Administration 2.516.
• Address Confidentiality: For individuals who are victims of certain crimes and wish to keep their address confidential, the form allows for the omission of address, telephone, and fax information. Instead, a Request for Confidential Filing of Address must be filed alongside the affidavit.
• Income and Expense Calculations: The affidavit demands the reporting of monthly income and expense amounts. For incomes and expenses not received or paid on a monthly basis, the form provides a guide for converting these amounts into their monthly equivalents, ensuring a standardized reporting process.
• Assistance from Nonlawyers: Should an individual seek assistance from a nonlawyer in completing the form, the nonlawyer is required to provide the individual with a Disclosure from Nonlawyer form and include their contact information on the Affidavit. This ensures transparency and accountability throughout the process.

Understanding and adhering to these guidelines when filling out and using the Family Law Financial Affidavit can significantly impact the proceedings of a family law case. It not only demonstrates compliance with legal requirements but also ensures that financial information is accurately and thoroughly presented, facilitating a fair and informed judicial determination.