Fill and Sign the Florida Law Financial Form

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.902(c), FAMILY LAW FINANCIAL AFFIDAVIT 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 . 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 mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. This must be accomplished within 45 days of service of the petition. 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 underline ” in these instructions are defined there. For further information, see rule 12.285, Florida Family Law Rules of Procedure. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner’s 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. 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 (09/06) IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. FAMILY LAW FINANCIAL AFFIDAVIT ($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. Date of Birth: 2. My occupation is: 3. I am currently [ √ 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. c. Retired. Date of retirement: Employer from whom retired: Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) Address: City, State, Zip code: Telephone Number: LAST YEAR = 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 9a. From this case: $ 9b. From other case(s): Add 9a and 9b 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. 1. $ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. PRESENT MONTHLY GROSS INCOME (Add lines 1 through 16) TOTAL: 17. $ Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) 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 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 25a. from this case: $ 25b. from other case(s): Add 25a and 25b 18. $ 19. 20. 21. 22. 23. 24. 25. 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26. $ 27. PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17) 27. $ 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: Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) 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. 1. $ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. SUBTOTAL (add lines 1 through 24) 25. $ 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: 26. $ 27. 28. 29. 30. 31. 32. 33. 34. 35. SUBTOTAL (add lines 26 through 34) 35. $ 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 36. $ 37. 38. 39. 40. 41. Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) 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 access expenses (for nonresidential parent) 57. Monthly miscellaneous 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. SUBTOTAL (add lines 36 through 57) 58. $ MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP: (other than court-ordered child support) 59. 60. 61. 62. 59. $ 60. 61. 62. 63. SUBTOTAL (add lines 59 through 62) 63. $ MONTHLY INSURANCE: 64. Health insurance, excluding portion paid for any minor child(ren) of this relationship 65. Life insurance 66. Dental insurance Other: 67. 68. 64. $ 65. 66. 67. 68. 69. SUBTOTAL (add lines 64 through 68) 69. $ OTHER MONTHLY EXPENSES NOT LISTED ABOVE: Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) 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 Other: (include any usual and customary expenses not otherwise mentioned in the items listed above) 86. 87. 88. 89. 70. $ 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. SUBTOTAL (add lines 70 through 89) 90. $ MONTHLY PAYMENTS TO CREDITORS: (only when payments are currently made by you on outstanding balances) NAME OF CREDITOR(s): 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 91. $ 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. SUBTOTAL (add lines 91 through 103) 104. $ 105. TOTAL MONTHLY EXPENSES: (add lines 25, 35, 58, 63, 69, 90, and 104 of Section II, Expenses) 105. $ Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) SUMMARY 106. TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME) 106. $ 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.) 107. $ 108. $ 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.) 109. ($ ) 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 box 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 ASSETS: DESCRIPTION OF ITEM(S) DO NOT LIST ACCOUNT NUMBERS. √ the box next to any asset(s) which you are requesting the judge award to you. B Current Fair Market Value C Nonmarital (√ correct column) husband wife Cash (on hand) $ Cash (in banks or credit unions) Stocks/Bonds Notes (money owed to you in writing) Money owed to you (not evidenced by a note) Real estate: (Home) (Other) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) A ASSETS: DESCRIPTION OF ITEM(S) DO NOT LIST ACCOUNT NUMBERS. √ the box next to any asset(s) which you are requesting the judge award to you. B Current Fair Market Value C Nonmarital (√ correct column) husband wife Business interests Automobiles Boats Other vehicles Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Furniture & furnishings in home Furniture & furnishings elsewhere Collectibles Jewelry Life insurance (cash surrender value) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) A ASSETS: DESCRIPTION OF ITEM(S) DO NOT LIST ACCOUNT NUMBERS. √ the box next to any asset(s) which you are requesting the judge award to you. B Current Fair Market Value C Nonmarital (√ correct column) husband wife 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 box 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.) A LIABILITIES: DESCRIPTION OF ITEM(S) DO NOT LIST ACCOUNT NUMBERS. √ the box next to any debt(s) for which you believe you should be responsible. B Current Amount Owed C Nonmarital (√ correct column) husband wife Mortgages on real estate: First mortgage on home $ Second mortgage on home Other mortgages Charge/credit card accounts Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) A LIABILITIES: DESCRIPTION OF ITEM(S) DO NOT LIST ACCOUNT NUMBERS. √ the box next to any debt(s) for which you believe you should be responsible. B Current Amount Owed C Nonmarital (√ correct column) husband wife Auto loan Auto loan Bank/Credit Union loans Money you owe (not evidenced by a note) Judgments Other Total Debts (add column B) $ Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (09/06) C. NET WORTH (excluding contingent assets and liabilities) Total Assets (enter total of Column B in Asset Table; Section A) $ Total Liabilities (enter total of Column B in Liabilities Table; Section B) $ TOTAL NET WORTH (Total Assets minus Total Liabilities) (excluding contingent assets and liabilities) $ D. CONTINGENT ASSETS AND LIABILITIES INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here. A Contingent Assets √ the box next to any contingent asset(s) which you are requesting the judge award to you . B Possible Value C Nonmarital (√ correct column) husband wife $ Total Contingent Assets $ A Contingent Liabilities √ the box next to any contingent debt(s) for which you believe you should be responsible. B Possible Amount Owed C Nonmarital (√ correct column) husband wife $ Total Contingent Liabilities $ E. CHILD SUPPORT GUIDELINES WORKSHEET. Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties. [ √ one only] A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the establishment or modification of child support. A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or modification of child support is not an issue in this case. I certify that a copy of this financial affidavit was: ( ) mailed, ( ) faxed and mailed, or ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk .] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [√ one only] petitioner or respondent, fill out this form.