What is a 12 901 Affidavit Form? Understanding Its Purpose

Definition & Meaning of the 12 901 Affidavit Form

The 12 901 Affidavit form is a legal document used primarily in family law cases within the state of Florida. This form is often utilized to provide the court with a sworn statement regarding the financial circumstances of one or both parties involved in a legal matter, such as divorce or child custody. The affidavit serves to disclose relevant financial information, which may include income, expenses, assets, and liabilities. By completing this form, individuals affirm that the information provided is true and accurate to the best of their knowledge.

This form is crucial in legal proceedings, as it helps the court assess the financial situation of the parties involved. It is commonly used in cases where financial support, equitable distribution of assets, or child support is being determined. The 12 901 Affidavit is part of a broader set of legal documents that ensure transparency and fairness in family law matters.

How to Fill Out Form 12 901 E

Filling out the 12 901 Affidavit form requires careful attention to detail. Here are the steps to complete this form:

• Personal Information: Begin by entering your full name, address, and contact information at the top of the form. Ensure that this information is current and accurate.
• Financial Disclosure: Provide a comprehensive overview of your financial situation. This includes your monthly income, such as salary, bonuses, and any other sources of income. Be specific and include all relevant details.
• Expenses: List your monthly expenses, including housing costs, utilities, groceries, transportation, and any other recurring payments. It is important to be honest and thorough in this section.
• Assets and Liabilities: Detail all assets, such as bank accounts, real estate, vehicles, and investments. Additionally, provide information on any debts or liabilities you may have, including loans and credit card balances.
• Signature and Notarization: After completing the form, sign and date it. Most jurisdictions require the affidavit to be notarized, so be prepared to take it to a notary public for verification.

Who Typically Uses the Form 12 901 E

The 12 901 Affidavit form is primarily used by individuals involved in family law cases in Florida. This includes:

• Divorcing Couples: Individuals seeking a divorce may need to complete this form to disclose their financial circumstances to the court.
• Custody Arrangements: Parents involved in custody disputes may use the affidavit to provide financial information relevant to child support determinations.
• Spousal Support Cases: Those seeking alimony or spousal support may be required to submit this form to demonstrate their financial needs.

Important Terms Related to Form 12 901 E

Understanding key terms associated with the 12 901 Affidavit form can enhance clarity when filling it out:

• Affidavit: A written statement confirmed by oath or affirmation, used as evidence in court.
• Financial Disclosure: The process of revealing all financial information relevant to a legal proceeding.
• Notarization: The act of having a document certified by a notary public, verifying the identity of the signer and the authenticity of the document.

Steps to Complete the Form 12 901 E

To ensure accuracy and compliance when completing the 12 901 Affidavit form, follow these detailed steps:

1. Gather Documentation: Collect all necessary financial documents, such as pay stubs, bank statements, and tax returns, to support the information you will provide.
2. Complete the Form: Methodically fill out each section of the form, ensuring all information is accurate and complete.
3. Review for Accuracy: Double-check all entries to confirm that the figures add up and that there are no discrepancies.
4. Sign and Notarize: After reviewing, sign the affidavit in the presence of a notary public to complete the process.

Legal Use of the Form 12 901 E

The legal use of the 12 901 Affidavit form is significant in family law proceedings. Courts rely on this document to make informed decisions regarding financial matters. Here are some key points regarding its legal use:

• Evidence of Financial Status: The affidavit acts as a formal declaration of an individual's financial situation, which can influence court rulings on support and asset distribution.
• Enforcement of Financial Obligations: Courts may use the information provided in the affidavit to enforce child support or spousal support payments.
• Transparency in Proceedings: The requirement for financial disclosure promotes honesty and transparency in legal proceedings, helping to prevent fraud or misrepresentation.

Examples of Using the Form 12 901 E

Real-world scenarios illustrate the practical application of the 12 901 Affidavit form:

• Divorce Case: In a divorce proceeding, one spouse may file the affidavit to demonstrate their income and expenses, helping the court determine equitable distribution of marital assets.
• Child Support Determination: A parent seeking child support may use the affidavit to show their financial needs, influencing the amount of support awarded.
• Modification of Support Orders: If circumstances change, such as a job loss, an individual may file a new affidavit to request a modification of existing support orders.