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The Financial Affidavit 12.902 C form is a crucial document for individuals involved in family law cases in Florida, particularly when their gross income exceeds $50,000 annually. This form serves to provide a comprehensive overview of a person's financial situation, detailing both income and expenses. It is essential for various proceedings, including divorce and child support cases, as it helps the court assess the financial needs and obligations of the parties involved. To properly complete this affidavit, individuals must include their monthly income from various sources, such as salary, bonuses, and other forms of compensation. Additionally, the form requires a breakdown of monthly expenses, which can encompass everything from housing costs to everyday living expenses. It is important to note that the affidavit must be signed in the presence of a notary public or deputy clerk, and a copy must be served to the other party within a specific timeframe. By accurately filling out this form, individuals can ensure that their financial circumstances are clearly presented to the court, facilitating a fair resolution of their family law matters.

Sample - Financial Affidavit 12 902 C Form

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.902(c), FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)(01/15)

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 $50,000 OR MORE per year unless:

(1)You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of financial affidavits;

(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. After completing this form, you should sign the form before a notary public or deputy clerk. You should then file the original 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 served on the other party 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. Service must be in accordance with Florida Rule of 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 underlinein 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 are 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.

Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

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

Weekly amount

x

52 Weeks per year

=

Yearly amount

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

x

Days worked per week

=

Weekly amount

Weekly amount

x

52 Weeks per year

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Weekly - If you are paid by the week, you may convert your income to monthly as follows:

Weekly amount

x

52 Weeks per year

=

Yearly amount

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

x

26

=

Yearly amount

Yearly amount

÷

12 Months per year

=

Monthly Amount

Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows:

Semi-monthly amount x

2

=

Monthly Amount

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.

Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

IN THE CIRCUIT COURT OF THE

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

COUNTY, FLORIDA

Case No.:

Division:

,

Petitioner,

and

,

Respondent.

FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)

($50,000 or more Individual Gross Annual Income)

I, {full legal name}

 

, being sworn, certify

that the following information is true:

 

SECTION I. INCOME

1.My age is: ___________________

2.My occupation is: ________________________________________________________________

3.I am currently [Check all that apply]

a.____ Unemployed

Describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive: __________________________________________________________

____________________________________________________________________________

b.____ Employed by: ____________________________________________________________

Address: ____________________________________________________________________

City, State, Zip code: ________________________________ Telephone Number: _________

Pay rate: $ ______ ( ) every week ( ) every other week ( ) twice a month

( ) monthly ( ) other: ________________________________________________________

If you are expecting to become unemployed or change jobs soon, describe the change you expect and why and how it will affect your income: _________________________________

___________________________________________________________________________

___________________________________________________________________________.

____ Check here if you currently have more than one job. List the information above for the

second job(s) on a separate sheet and attach it to this affidavit.

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

c._____ Retired. Date of retirement: _______________________________________________

Employer from whom retired: ___________________________________________________

Address: _____________________________________________________________________

City, State, Zip code: _______________________________ Telephone Number: __________

L!ST YE!R’S GROSS INCOME:

Your Income

Other Party’s Income (if known)

YEAR_____

$ _______

$ _______

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): ________

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 (Attach sheet itemizing each item and amount.)

14._______ Monthly gains derived from dealing in property (not including nonrecurring gains)

Any other income of a recurring nature (identify source)

15._______________________________________________________________________________

16._______________________________________________________________________________

17.$_________ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1 through 16).

PRESENT MONTHLY DEDUCTIONS:

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly.

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

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

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.

HOUSEHOLD:

1.$______ Monthly mortgage or rent payments

2._______ Monthly property taxes (if not included in mortgage)

3._______ Monthly insurance on residence (if not included in mortgage)

4._______ Monthly condominium maintenance fees and homeowner’s association fees

5._______ Monthly electricity

6._______ Monthly water, garbage, and sewer

7._______ Monthly telephone

8._______ Monthly fuel oil or natural gas

9._______ Monthly repairs and maintenance

10._______ Monthly lawn care

11._______ Monthly pool maintenance

12._______ Monthly pest control

13._______ Monthly misc. household

14._______ Monthly food and home supplies

15._______ Monthly meals outside home

16._______ Monthly cable t.v.

17._______ Monthly alarm service contract

18._______ Monthly service contracts on appliances

19._______ Monthly maid service

Other:

20.__________________________________________________________________________________

21.__________________________________________________________________________________

22.__________________________________________________________________________________

23.__________________________________________________________________________________

24.__________________________________________________________________________________

25.$_______ SUBTOTAL (add lines 1 through 24).

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

AUTOMOBILE:

26.$______ Monthly gasoline and oil

27._______ Monthly repairs

28._______ Monthly auto tags and emission testing

29._______ Monthly insurance

30._______ Monthly payments (lease or financing)

31._______ Monthly rental/replacements

32._______ Monthly alternative transportation (bus, rail, car pool, etc.)

33._______ Monthly tolls and parking

34._______ Other: _________________________________________________

35.$_______ SUBTOTAL (add lines 26 through 34)

MONTHLY EXPENSES FOR CHILDREN COMMON TO BOTH PARTIES:

36.$______ Monthly nursery, babysitting, or day care

37._______ Monthly school tuition

38._______ Monthly school supplies, books, and fees

39._______ Monthly after school activities

40._______ Monthly lunch money

41._______ Monthly private lessons or tutoring

42._______ Monthly allowances

43._______ Monthly clothing and uniforms

44._______ Monthly entertainment (movies, parties, etc.)

45._______ Monthly health insurance

46._______ Monthly medical, dental, prescriptions (nonreimbursed only)

47._______ Monthly psychiatric/psychological/counselor

48._______ Monthly orthodontic

49._______ Monthly vitamins

50._______ Monthly beauty parlor/barber shop

51._______ Monthly nonprescription medication

52._______ Monthly cosmetics, toiletries, and sundries

53._______ Monthly gifts from child(ren) to others (other children, relatives, teachers, etc.)

54._______ Monthly camp or summer activities

55._______ Monthly clubs (Boy/Girl Scouts, etc.)

56._______ Monthly time-sharing expenses

57._______ Monthly miscellaneous

58.$_______ SUBTOTAL (add lines 36 through 57)

MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP (other than court-ordered child support)

59.$________________________________________________________________________________

60.__________________________________________________________________________________

61.__________________________________________________________________________________

62.__________________________________________________________________________________

63.$_______ SUBTOTAL (add lines 59 through 62)

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

MONTHLY INSURANCE:

64.$______ Health insurance (if not listed on lines 23 or 45)

65._______ Life insurance

66._______ Dental insurance.

Other:

67.________________________________________________________________________________

68.________________________________________________________________________________

69.. $_______ SUBTOTAL (add lines 66 through 68, exclude lines 64 and 65)

OTHER MONTHLY EXPENSES NOT LISTED ABOVE:

70.$______ Monthly dry cleaning and laundry

71._______ Monthly clothing

72._______ Monthly medical, dental, and prescription (unreimbursed only)

73._______ Monthly psychiatric, psychological, or counselor (unreimbursed only)

74._______ Monthly non-prescription medications, cosmetics, toiletries, and sundries

75._______ Monthly grooming

76._______ Monthly gifts

77._______ Monthly pet expenses

78._______ Monthly club dues and membership

79._______ Monthly sports and hobbies

80._______ Monthly entertainment

81._______ Monthly periodicals/books/tapes/CDs

82._______ Monthly vacations

83._______ Monthly religious organizations

84._______ Monthly bank charges/credit card fees

85._______ Monthly education expenses

86.______ Other: (include any usual and customary expenses not otherwise mentioned in the items

listed above)______________________________________________________________

87.__________________________________________________________________________________

88.__________________________________________________________________________________

89.__________________________________________________________________________________

90. $_______ SUBTOTAL (add lines 70 through 89)

MONTHLY PAYMENTS TO CREDITORS: (only when payments are currently made by you on outstanding balances). List only last 4 digits of account numbers.

MONTHLY PAYMENT AND NAME OF CREDITOR(s):

91.$_________________________________________________________________________________

92.__________________________________________________________________________________

93.__________________________________________________________________________________

94.__________________________________________________________________________________

95.__________________________________________________________________________________

96.__________________________________________________________________________________

97.__________________________________________________________________________________

98.__________________________________________________________________________________

99.__________________________________________________________________________________

100.______________________________________________________________________________

101.______________________________________________________________________________

102.______________________________________________________________________________

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

103.______________________________________________________________________________

104. $_______ SUBTOTAL (add lines 91 through 103)

105. $_______TOTAL MONTHLY EXPENSES:

(add lines 25, 35, 58, 63, 69, 90, and 104 of Section II, Expenses)

SUMMARY

106. $_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)

107. $_______ TOTAL MONTHLY EXPENSES (from line 105 above)

108. $_______ SURPLUS (If line 106 is more than line 107, subtract line 107 from line 106. This is the

amount of your surplus. Enter that amount here.)

109. ($______)(DEFICIT) (If line 107 is more than line 106, subtract line 106 from line 107. This is

the amount of your deficit. Enter that amount here.)

SECTION III. ASSETS AND LIABILITIES

A.ASSETS (This is where you list what you OWN.)

INSTRUCTIONS:

STEP 1: In column A, list a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item.

STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any item that you are requesting the judge award to you.

STEP 3: In column B, write what you believe to be the current fair market value of all items listed.

STEP 4: Use column C 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 belongs. (Typically, you will only use Column C if property was owned 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

 

B

 

C

 

 

ASSETS: DESCRIPTION OF ITEM(S)

Nonmarital

 

 

 

Current

 

 

LIST ONLY LAST FOUR DIGITS OF ACCOUNT NUMBERS.

 

Fair

 

(Check correct

 

 

Market

 

column)

 

Check the line next to any asset(s) which you are requesting the judge award

 

Value

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

to you.

 

 

 

husband

wife

 

 

Cash (on hand)

$

 

 

 

 

 

Cash (in banks or credit unions)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stocks/Bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

Notes (money owed to you in writing)

Money owed to you (not evidenced by a note)

Real estate: (Home)

(Other)

Business interests

Automobiles

Boats

Other vehicles

Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

Furniture & furnishings in home

Furniture & furnishings elsewhere

Collectibles

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

Jewelry

Life insurance (cash surrender value)

Sporting and entertainment (T.V., stereo, etc.) equipment

Other assets:

Total Assets (add column B)

$

B.LIABILITIES/DEBTS (This is where you list what you OWE.)

INSTRUCTIONS:

STEP 1: In column A, list a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item.

STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any debt(s) for which you believe you should be responsible.

STEP 3: In column B, write what you believe to be the current amount owed for all items listed.

STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning the debt belongs to only one of you and should not be divided; You should indicate to whom you believe the debt belongs. (Typically, you will only use Column C if the debt was 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.)

Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (01/15)

File Specs

Fact Name Details
Purpose This form is used in family law cases requiring a financial affidavit for individuals earning $50,000 or more annually.
Exceptions It is not required if filing for a simplified dissolution, no minor children are involved, or if the court lacks jurisdiction over financial matters.
Filing Instructions After completing the form, it must be signed before a notary public and filed with the circuit court clerk.
Service Requirement A copy of the affidavit must be served to the other party within 45 days of receiving the petition.
Confidentiality Victims of certain crimes can keep their address confidential by filing a separate request.
Income Reporting All income must be reported in monthly amounts, even if received on a different schedule.
Calculation Methods Specific methods are provided for converting income from hourly, daily, weekly, bi-weekly, and semi-monthly to monthly amounts.
Nonlawyer Assistance If a nonlawyer helps complete the form, they must provide a disclosure form and include their contact information.
Governing Law This form is governed by Florida Family Law Rules of Procedure, specifically Rule 12.285.
Version Date The current version of this form is dated January 2015.

Financial Affidavit 12 902 C - Usage Guidelines

Completing the Financial Affidavit 12 902 C form is a crucial step in your family law case. It requires detailed information about your income, expenses, and financial situation. After filling out this form, it must be signed before a notary public or deputy clerk, and the original should be filed with the clerk of the circuit court. Remember to keep a copy for your records.

  1. Obtain the Financial Affidavit 12 902 C form and ensure it is typed or printed in black ink.
  2. Fill in your full legal name at the top of the form.
  3. Provide your age and occupation in the designated sections.
  4. Indicate your employment status by checking the appropriate boxes (unemployed, employed, or retired). If employed, include the employer's name, address, and pay rate.
  5. If applicable, describe your efforts to find employment or any expected job changes.
  6. List your gross income from all sources, ensuring all amounts are calculated on a monthly basis. Include salary, bonuses, business income, and any other income sources.
  7. Calculate and list your monthly deductions, including taxes, health insurance, and any court-ordered payments.
  8. Determine your net monthly income by subtracting total deductions from total gross income.
  9. Fill out the average monthly expenses section, estimating amounts where necessary. Include household, food, and other miscellaneous expenses.
  10. Add all expenses to find a subtotal for your monthly expenses.
  11. Review the completed form for accuracy and completeness.
  12. Sign the form in front of a notary public or deputy clerk.
  13. File the original form with the clerk of the circuit court in your county.
  14. Serve a copy of the completed form to the other party within 45 days of being served with the petition.

Your Questions, Answered

1. When should I use the Financial Affidavit 12 902 C form?

This form is necessary if you are involved in a family law case that requires a financial affidavit and your individual gross income is $50,000 or more per year. There are exceptions: if you are filing a simplified dissolution of marriage and both parties have waived the financial affidavit, if you have no minor children or support issues, or if the court lacks jurisdiction over financial issues.

2. How do I complete the Financial Affidavit 12 902 C form?

The form must be typed or printed in black ink. After filling it out, sign the form before a notary public or deputy clerk. You will then file the original with the clerk of the circuit court where the petition was filed and keep a copy for your records.

3. What is the process for serving the Financial Affidavit?

You must serve a copy of this form to the other party within 45 days of being served with the petition, unless it was served with your initial papers. Follow Florida Rule of Judicial Administration 2.516 for proper service procedures.

4. Can I keep my address confidential when filing this form?

If you are a victim of certain crimes such as domestic violence, you can keep your address confidential. Do not enter your address, telephone, or fax information on the form. Instead, file a Request for Confidential Filing of Address using Florida Supreme Court Approved Family Law Form 12.980(h).

5. How do I convert my income and expenses to a monthly amount?

Use the following methods to convert your income: For hourly pay, multiply your hourly rate by the hours worked per week, then convert to monthly. For daily, weekly, bi-weekly, or semi-monthly payments, follow the specific formulas provided in the instructions. The same conversion applies to expenses.

6. What if I need help filling out this form?

If a nonlawyer assists you in completing this form, they must provide you with a Disclosure from Nonlawyer (Florida Family Law Rules of Procedure Form 12.900(a)). They must also include their name, address, and telephone number on the last page of each form they help you complete.

7. What information do I need to provide about my income?

You will need to disclose various sources of income, including salary, bonuses, commissions, business income, disability benefits, and any other recurring income. Make sure to calculate and report all amounts on a monthly basis, as required.

8. How do I calculate my monthly deductions?

List all allowable deductions, including taxes, union dues, retirement payments, and health insurance. Add these deductions together to determine your total monthly deductions, which you will then subtract from your total monthly gross income to find your net monthly income.

Common mistakes

  1. Not Using Black Ink: The form must be completed in black ink or typed. Using other colors can make it difficult to read.

  2. Incorrect Income Reporting: Ensure that you report your income accurately. All amounts should reflect your monthly income, converted from weekly, bi-weekly, or annual figures if necessary.

  3. Missing Signatures: After completing the form, don’t forget to sign it before a notary public or deputy clerk. An unsigned form will not be accepted.

  4. Forgetting to Serve the Other Party: You must serve a copy of the completed form to the other party within 45 days. Failing to do so can delay your case.

  5. Not Including All Income Sources: Make sure to list all sources of income, including bonuses and rental income. Omitting any can lead to inaccuracies.

  6. Improper Expense Estimates: When estimating expenses, clearly label them as estimates. This helps provide clarity to the court.

  7. Ignoring Deductions: Don’t forget to include allowable deductions, such as taxes and health insurance. This affects your net income calculation.

  8. Overlooking Confidentiality Needs: If you have safety concerns, ensure you file a Request for Confidential Filing of Address. Don’t include your address on the form.

  9. Failing to Attach Necessary Documents: If you have business income or other complex financial situations, attach additional sheets with details as required.

  10. Not Keeping a Copy: Always keep a copy of the completed form for your records. This can be helpful for future reference.

Documents used along the form

When navigating a family law case in Florida, the Financial Affidavit 12 902 C form is a crucial document, particularly for those with an individual gross income of $50,000 or more. However, it is often accompanied by other forms and documents that help clarify financial situations and support your case. Below is a list of commonly used forms alongside the Financial Affidavit, each serving a specific purpose.

  • Request for Confidential Filing of Address (Form 12.980(h)) - This form is used by individuals who wish to keep their address confidential due to safety concerns, such as being a victim of domestic violence or stalking.
  • Disclosure from Nonlawyer (Form 12.900(a)) - If a nonlawyer assists you in completing your forms, this document must be provided to ensure transparency and compliance with legal requirements.
  • Child Support Guidelines Worksheet (Form 12.902(e)) - This worksheet helps calculate child support obligations based on the income of both parents and the needs of the child, providing a structured approach to financial responsibilities.
  • Petition for Dissolution of Marriage (Form 12.901(b)) - This form initiates the divorce process and outlines the basic information about the marriage, including the parties involved and the grounds for dissolution.
  • Marital Settlement Agreement - A written agreement between spouses that outlines the terms of their separation, including division of assets and liabilities, child custody, and support arrangements.
  • Financial Affidavit (Short Form) (Form 12.902(f)) - For individuals with an income below $50,000, this shorter affidavit captures essential financial information without the detailed breakdown required in the long form.
  • Parenting Plan (Form 12.995(a)) - This document outlines the agreed-upon arrangements for child custody and visitation, ensuring both parents have a clear understanding of their roles and responsibilities.
  • Notice of Social Security Number (Form 12.902(j)) - This form is used to provide the court with the social security numbers of both parties, which is often necessary for child support and other financial matters.
  • Certificate of Compliance with Mandatory Disclosure (Form 12.932) - This certificate confirms that both parties have complied with the mandatory disclosure requirements, ensuring all financial information has been shared appropriately.
  • Affidavit of Corroborating Witness (Form 12.902(k)) - This affidavit is used to provide additional support for claims made in the financial affidavit or other documents, often including testimony from a third party.

Understanding these forms and their purposes can greatly assist you in managing your family law case effectively. Each document plays a vital role in presenting a complete financial picture to the court, ensuring that all parties are fairly represented and that decisions are made based on accurate information.

Similar forms

The Financial Affidavit 12 902 C form is similar to the Child Support Guidelines Worksheet. Both documents require detailed financial information from the parties involved in a family law case. The Child Support Guidelines Worksheet helps determine the appropriate amount of child support based on the income and expenses of both parents. Just like the Financial Affidavit, it requires a thorough listing of income, deductions, and other financial obligations. Completing this worksheet accurately is crucial for ensuring that child support is calculated fairly and in accordance with state guidelines.

Another document that shares similarities with the Financial Affidavit is the Marital Settlement Agreement. This agreement outlines the terms of a divorce, including the division of assets and debts. Both documents require a clear presentation of financial circumstances. The Marital Settlement Agreement often references the financial information included in the Financial Affidavit to support claims about income, expenses, and assets. This connection ensures that both parties have a comprehensive understanding of each other's financial situations during negotiations.

The Affidavit of Support is also comparable to the Financial Affidavit 12 902 C form. This document is often used in immigration cases to demonstrate that a sponsor has adequate financial resources to support an immigrant. Like the Financial Affidavit, it requires the sponsor to disclose income, assets, and liabilities. Both forms aim to provide a clear picture of financial stability, ensuring that the parties involved can meet their obligations, whether in family law or immigration matters.

Lastly, the Income and Expense Declaration is another document that aligns with the Financial Affidavit. This declaration is used in various legal proceedings, including family law cases, to provide a snapshot of an individual's financial situation. Both documents require detailed information about income sources, monthly expenses, and financial obligations. The Income and Expense Declaration serves a similar purpose as the Financial Affidavit, helping the court assess the financial capabilities of the parties involved and make informed decisions regarding support and asset division.

Dos and Don'ts

When filling out the Financial Affidavit 12.902 C form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are some important do's and don'ts to consider:

  • Do ensure that your individual gross income is accurately reported, especially if it is $50,000 or more annually.
  • Do complete the form using black ink or by typing it to maintain clarity.
  • Do sign the affidavit in the presence of a notary public or deputy clerk before filing.
  • Do serve a copy of the completed form to the other party within 45 days of being served with the petition.
  • Don't leave any sections blank; if a question does not apply, indicate that it is not applicable.
  • Don't forget to convert any non-monthly income or expenses into monthly amounts before reporting them.

By adhering to these guidelines, you can help ensure that your financial affidavit is filled out correctly, which can facilitate a smoother process in your family law case.

Misconceptions

Understanding the Financial Affidavit 12 902 C form can be a bit tricky, especially with all the information surrounding family law cases. Here are some common misconceptions that can lead to confusion:

  • It's only for divorce cases. Many people think this form is only necessary during a divorce. In reality, it's used in various family law cases, including custody disputes and modifications of support.
  • You only need it if you're the one requesting support. This isn't true. Both parties may need to complete the form to provide a clear picture of their financial situations.
  • Only high earners need to file it. While the form is required for individuals earning $50,000 or more, those with lower incomes may still need to provide financial information, depending on the case.
  • It's optional if both parties agree. Even if both parties come to an agreement, the court often requires this form to ensure transparency and fairness.
  • It only includes income. The affidavit covers much more than just income. It also requires detailed information about expenses, assets, and debts.
  • Filing the form is the end of the process. Completing and filing the form is just one step. You must also serve it to the other party and possibly attend hearings where it may be discussed.
  • All income is counted the same way. Different sources of income must be calculated in specific ways. For instance, if you're paid hourly, you need to convert that into monthly figures.
  • You can leave out certain expenses. It's important to be thorough. Omitting expenses can lead to complications or even legal issues later on.
  • Once filed, it can’t be changed. If your financial situation changes, you can update your affidavit. Just be prepared to explain any discrepancies if questioned.

Being aware of these misconceptions can help you navigate the complexities of the Financial Affidavit 12 902 C form more effectively. Always take the time to understand the requirements and seek assistance if needed.

Key takeaways

  • This form is required for family law cases where your individual gross income is $50,000 or more per year.
  • Exceptions exist for simplified dissolutions, cases without minor children or support issues, and when the court lacks jurisdiction over financial matters.
  • The form must be typed or printed in black ink for clarity and professionalism.
  • After filling out the form, you must sign it in front of a notary public or deputy clerk.
  • File the original form with the clerk of the circuit court and keep a copy for your own records.
  • You must serve a copy of the completed form to the other party within 45 days of being served with the petition.
  • Use monthly amounts for income and expenses, converting other payment schedules accordingly.
  • If you need to keep your address confidential due to safety concerns, do not include it on the form. Instead, file a separate request for confidential address filing.