Download Financial Affidavit 12 902 C Template

Financial Affidavit 12 902 C - Usage Steps

Filling out the Financial Affidavit 12.902(c) is an essential step in the process of many family law cases in Florida, especially when your individual gross income is $50,000 or more per year. This document provides the court with a detailed overview of your financial situation, which is necessary for determining issues related to alimony, child support, and the division of marital assets and debts. Following the correct steps will ensure that the affidavit accurately reflects your financial status and helps the court make informed decisions.

1. Download or obtain a copy of Form 12.902(c), the Family Law Financial Affidavit (Long Form).
2. Read the instructions at the beginning of the form carefully. These provide important details on how to report your income and expenses.
3. Type or print your answers in black ink to ensure clarity.
4. Start by filling out the section labeled SECTION I. INCOME. Make sure to accurately list all sources of income, converting any non-monthly income to a monthly amount using the instructions provided with the form. If you have income from multiple jobs, attach an additional sheet detailing these sources.
5. Include your expected income changes, if any, such as becoming unemployed or changing jobs.
6. Proceed to the SECTION II. AVERAGE MONTHLY EXPENSES. List your monthly expenses in each category provided. If you're unsure of an exact figure, give your best estimate and note it as such.
7. Calculate the TOTAL PRESENT MONTHLY GROSS INCOME and list it where indicated. Then, itemize and tally your monthly deductions including taxes, insurance payments, union dues, retirement payments, and any court-ordered support payments.
8. Deduce the total deductions from your total monthly income to find your PRESENT NET MONTHLY INCOME and fill in this total where indicated.
9. Review the affidavit carefully to ensure all information is complete and accurate. Inaccuracies can lead to legal complications.
10. Sign the form before a notary public or deputy clerk. This step is crucial as the affidavit is a sworn statement.
11. 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.
12. Finally, serve a copy of this form on the other party in your case within 45 days of being served with the petition unless it was included with your initial paperwork.

Following these steps properly will help to ensure that your financial affidavit is filled out correctly and meets all legal requirements. By providing accurate and detailed financial information, you play a key role in facilitating the court's understanding of your financial landscape, which is instrumental in the resolution of your family law case. Remember, this document is a critical piece of your case, and accuracy cannot be overstressed.

Frequently Asked Questions about the Financial Affidavit 12.902(c) Form

1. When do I need to use the Financial Affidavit (Long Form) 12.902(c)?

   This form is necessary when involved in a family law case in Florida where your gross annual income is $50,000 or more. Exceptions include certain situations such as simplified dissolution of marriage without children or support issues, where financial affidavits may be waived, or if the court cannot decide on financial matters.

2. What information must I provide in the Financial Affidavit 12.902(c)?

   The form requires detailed information about your income, including salary, bonuses, business income, disability benefits, and any other sources. It also asks for your monthly expenses, deductions like taxes and health insurance, and details on property ownership or rental.

3. How should I complete the monthly income and expense sections if I don't receive payments monthly?

   If your income or expenses are not based on a monthly schedule, you'll need to convert these amounts to monthly figures. The form provides guidance on converting from hourly, weekly, bi-weekly, and semi-monthly schedules to a monthly basis.

4. What if I'm concerned about revealing my address due to safety reasons?

   If you are a victim of certain crimes like domestic violence or stalking, you can request to keep your address confidential by not including it on the form and instead filing a Request for Confidential Filing of Address form.

5. Do I need an attorney to help me fill out this form?

   While you can complete the form on your own, seeking help from an attorney is advisable to ensure accuracy and compliance with legal requirements. However, if a nonlawyer assists you, they must provide you with a nonlawyer disclosure form and include their contact information on the affidavit.

6. What do I do after completing the Financial Affidavit 12.902(c)?

   After filling it out and signing it in front of a notary public or deputy clerk, you should file the original form with the clerk of the circuit court where the case is being heard and serve a copy on the other party in accordance with Florida rules.

7. Where can I find more information or assistance?

   For more guidance, the Florida Family Law Rules, specifically Rule 12.285, and the "General Information for Self-Represented Litigants" provide additional resources. Additionally, consulting with an attorney familiar with family law in Florida can offer personalized assistance.

When individuals tackle the challenge of filling out the Financial Affidavit 12.902(c), it's crucial they approach the task with precision and a comprehensive understanding of their financial landscape. The process, though intricate, is central in family law cases, requiring accurate reflection of one’s economic position. There are common pitfalls many encounter during this process.

1. One prevalent mistake is inaccurately reporting income. This form demands meticulous conversion of non-monthly income to its monthly equivalent, ensuring all sources of income are reported, including bonuses, commissions, and any other irregular earnings. Failure to convert properly or omitting sources of income can lead to a substantial misrepresentation of financial status.
2. Underreporting expenses is another oversight. All monthly expenses, converted accurately from their original schedule, should be detailed. This includes not just the obvious, significant outlays but also the more minute, recurring costs that might initially seem inconsequential.
3. Omitting assets or liabilities is a serious error. Full disclosure is required, necessitating a thorough review and reporting of all assets and debts, regardless of size or perceived importance.
4. Many individuals mistakenly believe it's acceptable to estimate figures when exact amounts are challenging to pinpoint. However, this document requires precision. Estimates may lead to inaccuracies, reflecting poorly on one's credibility.
5. Not attaching the required additional sheets is a common oversight. Given the comprehensive nature of this affidavit, many will find the need to provide extensive detail that exceeds the provided space. Failing to attach additional sheets with necessary explanations or breakdowns of income and expenses can render the affidavit incomplete.
6. Failure to adjust expenses or income to reflect the present situation, especially in flux circumstances such as job changes or shifts in living arrangements, is a critical mistake. The document requires current information, and all figures should mirror the present reality as closely as possible.
7. Overlooking the inclusion of information on financial dependencies, such as children from previous relationships or other dependents, is a significant error. Such omissions can alter calculations relevant to support obligations and financial standings.
8. Delaying the completion and filing of the affidavit beyond deadlines can jeopardize one’s position in the case. Timeliness is not only a matter of procedural compliance but also demonstrates a respect for the court’s schedule and the seriousness of the matter.
9. Signing the document without a notary or deputy clerk's verification skips a critical step in the process. This endorsement confirms the authenticity of the signature and the affiant's belief in the document's true and accurate representation of their financial situation.

Each mistake carries potential repercussions, impairing the affidavit's accuracy and, by extension, the fairness of the case's outcome. Meticulous attention to detail, honesty, and adherence to the instructions could mitigate these common errors, ensuring the affidavit fulfills its role as a cornerstone document in family law proceedings. As straightforward as the task may seem, its complexities and nuances are often underappreciated, highlighting the value of thoroughness in its completion.

When navigating family law cases, particularly those with financial complexities, the Florida Family Law Financial Affidavit (Long Form) 12.902(c) is a critical document for those with an annual gross income of $50,000 or more. This form requires a detailed disclosure of income and expenses, providing a comprehensive picture of an individual's financial status. However, to achieve a thorough understanding and resolution of financial matters in such cases, other forms and documents are often used alongside the Financial Affidavit 12.902(c).

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)): This form is essential in cases involving child custody. It requires providing information about the child's current residence, past residence, and the people with whom the child has lived, ensuring that the correct jurisdiction is applied in custody matters.
• Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.902(f)(1)): When parties can reach an amicable settlement regarding the dissolution of their marriage and other related issues like child support, this document outlines the terms of their agreement, including the division of assets and liabilities, child support, and alimony.
• Notice of Social Security Number (Form 12.902(j)): This form is required to provide the court with the social security numbers of the parties involved, used primarily for identification purposes and to assist in enforcing financial orders, such as child support.
• Parenting Plan (Form 12.995(a) or (b)): In cases involving children, a parenting plan is required to establish the details of how the parents will share and be responsible for the daily tasks associated with the upbringing of the children, the time-sharing schedule, and the decision-making authority related to health care, school, and physical, social, and emotional well-being.

These documents play pivotal roles in ensuring comprehensive and fair resolutions to family law cases, complementing the Financial Affidavit by addressing aspects such as child custody, division of assets, and parenting responsibilities. They empower all parties involved by providing clear frameworks within which they can structure their post-case lives, making the complex process of navigating family law significantly more manageable.

The Uniform Financial Statement in certain states for civil or family law cases bears a resemblance to the Florida Family Law Financial Affidavit (Long Form) in many ways. Like the affidavit, this document requires detailed income information, deductions, and monthly expenses to accurately depict an individual's financial status. It serves similar purposes such assesment and settlement of financial issues in cases such as divorce or child support.

The Schedule of Assets and Debts (Form FL-142) in California serves a purpose akin to portions of the Florida affidavit, though it focuses more on disclosing assets and liabilities within dissolution proceedings. Both forms play a crucial role in ensuring financial transparency between parties and assist courts in making equitable decisions regarding asset division and support obligations.

The Child Support Guidelines Worksheet, often a required form in child support cases, shares similarities with the Financial Affidavit, particularly in its use of detailed financial information to calculate child support payments. Though focusing specifically on figures relevant to child support, it similarly necessitates a comprehensive look at income, expenses, and deductions.

The Confidential Financial Statement used in bankruptcy proceedings resembles the Financial Affidavit, though tailored for a different legal process. It demands a thorough disclosure of financial affairs, including assets, liabilities, income, and expenses, to evaluate the debtor’s financial condition and ability to repay debts.

The Personal Financial Statement, often used by banks for loan applications, parallels the detailed financial disclosure required by the Financial Affidavit. While serving a different purpose—assessing creditworthiness rather than resolving family law issues—both require comprehensive financial information from the individual.

The Affidavit of Financial Means, used in some legal disputes, is similar in its requirement for individuals to disclose their financial status comprehensively. This affidavit helps in various legal contexts, such as determining eligibility for legal aid or settling disputes where financial conditions are relevant.

The Statement of Net Worth, mandatory in divorce cases in some jurisdictions, mirrors the Financial Affidavit's role in family law by requiring detailed disclosure of income, expenses, assets, and liabilities. This document facilitates equitable division of assets and determination of alimony or child support.

The Income and Expense Declaration (Form FL-150) in California, despite jurisdictional differences, shares commonalities with the Financial Affidavit in providing a detailed account of an individual's financial situation for the resolution of support and other financial issues in family law cases.

The Financial Disclosure Affidavit of Indigency, utilized in criminal justice proceedings to assess a defendant's ability to afford legal representation, parallels the Financial Affidavit's role in requiring detailed financial information to make determinations based on an individual’s financial capacity.

The Domestic Relations Financial Affidavit, often used in divorce and family law cases in other states, closely resembles the Florida form in purpose and content. It necessitates a thorough financial disclosure to aid in the settlement of alimony, child support, and the division of marital assets, showcasing the fundamental importance of financial transparency in family law proceedings across various jurisdictions.

When filling out the Financial Affidavit 12 902 C form, it's essential to approach the process with accuracy and honesty. Below are the things you should and shouldn't do to ensure that your affidavit fulfills its purpose without causing complications.

Do:

• Review thoroughly the instructions included with the form to understand how to accurately convert and report your income and expenses.
• Print or type your information in black ink to ensure legibility, reducing the risk of misinterpretation or errors.
• Attach additional sheets if you run out of space on the form, making sure to clearly itemize and explain each entry as required.
• Sign the affidavit in front of a notary public or deputy clerk to legitimize the document.
• Keep a copy for your records after you have filed the original with the clerk of the circuit court to ensure you have a record of what was submitted.
• Serve a copy on the other party in your case within the specified timeframe, adhering to Florida Rule of Judicial Administration 2.516 for proper service.

Don't:

• Estimate figures without attempting to calculate the precise amounts. Use accurate monthly amounts rather than rough guesses.
• Include irrelevant or personal information not requested by the form, focusing solely on the financial data required.
• Omit information on income sources or expenses. Detail all income, including secondary jobs, and any recurring expenses.
• Forget to convert income and expenses to monthly amounts as instructed, ensuring consistency in reporting.
• Leave sections blank if they apply to you. If a section does not apply, indicate with “N/A” or “0” to signify it’s been considered but doesn’t apply.
• Ignore the requirement for additional documentation for self-employment or business income, accurately listing gross receipts, expenses, and net income.

Misconceptions about the Florida Family Law Financial Affidavit (Long Form) - Form 12.902(c) are quite common and can lead to misunderstandings about its purpose, how it's filled out, and its importance in legal proceedings. Here, we will dispel some of the most frequent misconceptions and provide clarity to aid in a smooth legal process.

• Only income matters need to be disclosed. This is incorrect. The form requires a comprehensive disclosure, including monthly expenses, deductions, and any other financial obligations or receipts. It is designed to provide a complete picture of one's financial status, not just income.

• It's only necessary if you have a high income. Despite the form being labeled for those with an annual gross income of $50,000 or more, it plays a crucial role in any family law case where financial disclosures are required, regardless of income levels. Different forms may apply depending on one's income, but understanding and accuracy remain paramount.

• You can estimate figures if exact numbers are not available. While estimates can be used temporarily, the form demands accurate and verifiable information. Estimates should be clarified and updated with actual figures as soon as they are available to ensure fairness and precision in proceedings.

• Personal details are required for all sections. For individuals concerned about their safety, such as victims of abuse, there are provisions to keep certain personal information confidential. This ensures their protection without compromising the form's completeness.

• The form is only required at the start of a case. Financial situations can change, and the form may need to be updated or submitted at different stages of a case. Timeliness and updates are essential to reflect one's current financial situation adequately.

• Filing this form means you won’t need to provide further financial documentation. The form is a summary of one's financial situation but does not preclude the need for additional documentation or evidence to support or clarify the information provided.

• Only formal employment income needs to be disclosed. All forms of income, including self-employment, retirement benefits, alimony from other cases, and any other sources, must be disclosed to ensure a comprehensive overview of financial status.

• Expenses related to minor children of the relationship need not be disclosed. All significant expenses, including those for minor children, must be clearly outlined to ensure adequate consideration in financial assessments and rulings.

• Only attorneys can help you fill out this form. While an attorney's guidance is invaluable, non-lawyers can assist in completing the form provided they comply with specific disclosure requirements. This assistance must be transparent, with the non-lawyer's information disclosed on the form.

Understanding and correcting these misconceptions is crucial for those involved in family law cases, ensuring that they are well-prepared and properly informed about the requirements and significance of the Financial Affidavit 12.902(c) form.

Filling out the Financial Affidavit Form 12.902(c) is a critical step in Florida family law cases when your gross income is $50,000 or more per year. Here are some key takeaways about this form that can help guide you through the process:

• The form is required in several types of family law cases, such as divorce or child support adjustments, to provide a clear picture of your financial situation.

• It's important to complete this form accurately and thoroughly, ensuring all amounts are converted to monthly figures. This may involve some math, such as multiplying your weekly income by 52 weeks then dividing by 12 months to get a monthly value.

• If your income varies because of bonuses, commissions, or irregular work hours, you'll need to calculate an average monthly income. Attach additional sheets if necessary to detail these calculations.

• The form requires not just details about income but also about monthly expenses and deductions. This includes everything from mortgage or rent payments to health insurance and alimony or child support payments.

• Accuracy is paramount. Overestimating or underestimating income and expenses can have a significant impact on the outcomes of your case, such as the amount of support awarded.

• Confidentiality concerns, particularly if you are a victim of violence or abuse, are addressed by allowing you to request non-disclosure of your address. Be sure to use the appropriate form to keep your address confidential.

• Remember, you must file the original affidavit with the clerk of the circuit court and serve a copy on the other party involved in your case within 45 days of being served with the petition, unless it's provided with the initial paperwork.

In addition, always double-check that the form is signed, preferably in the presence of a notary public or deputy clerk, before submitting it. This not only certifies that the information you've provided is true to the best of your knowledge but also meets the filing requirements.