Family Law Financial Affidavit

Transcript

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (09/12) 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 UNDER $50,000 per year unless: (1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of a financial affidavit; (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 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 underline” in 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 to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) ( 09/12) 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 to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) ( 09/12) IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: ______________________ Division: _______________________ , Petitioner, and , Respondent. FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (Under $50,000 Individual Gross Annual Income) I, {full legal name} information is true: My Occupation: , being sworn, certify that the following Employed by: ___________________________ Business Address: ________________________________________________________________ Pay rate: $ ( ) every week ( ) every other week ( ) twice a month ( ) monthly ( ) other: ____________ ___ Check here if unemployed and explain on a separate sheet your efforts to find employment. SECTION I. 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. !ttach 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 Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (09/12) 12. 13. 14. 15. 16. 17. required to produce income) (Attach sheet itemizing such income and expense items.) _______ Monthly income from royalties, trusts, or estates _______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses _______ Monthly gains derived from dealing in property (not including nonrecurring gains) _______ Any other income of a recurring nature (list source) _________________________ __________________________________________________________________________ $ _______ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1–16) PRESENT MONTHLY DEDUCTIONS: 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 (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) Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form)(09/12) SECTION II. AVERAGE MONTHLY EXPENSES A. HOUSEHOLD: Mortgage or rent $ _______ Property taxes $_______ Utilities $_______ Telephone $ _______ Food $ _______ Meals outside home $_______ Maintenance/Repairs $ _______ Other: __________ $_______ B. AUTOMOBILE Gasoline Repairs Insurance $ _______ $_______ $_______ E. OTHER EXPENSES NOT LISTED ABOVE Clothing $ _______ Medical/Dental (uninsured) $_______ Grooming $ _______ Entertainment $_______ Gifts $_______ Religious organizations $_______ Miscellaneous $_______ Other: ______________ $ _______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ F. PAYMENTS TO CREDITORS CREDITOR: MONTHLY PAYMENT ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ C. CHILD(REN)’S EXPENSES Day care $ _______ Lunch money $_______ Clothing $ _______ Grooming $_______ Gifts for holidays $ _______ Medical/Dental (uninsured) $ _______ Other: ______________ $ _______ D. INSURANCE Medical/Dental Child(ren)’s medical/dental Life Other: $ _______ $ _______ $ _______ $ _______ 28. $_______ TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above) SUMMARY 29. $_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME) 30. $_______ TOTAL MONTHLY EXPENSES (from line 28 above) 31. $_______ SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.) 32. ($_______) (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.) SECTION III. ASSETS AND LIABILITIES Use the nonmarital column 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(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/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(b), Family Law Financial Affidavit (Short Form) (09/12) A. ASSETS: DESCRIPTION OF ITEM(S). List a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution Current Fair of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check Market the line next to any asset(s) which you are requesting the judge Value award to you. Cash (on hand) Cash (in banks or credit unions) Stocks, Bonds, Notes Real estate: (Home) (Other) Automobiles Other personal property Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Other $ Nonmarital (check correct column) husband wife ____Check here if additional pages are attached. Total Assets (add next column) B. LIABILITIES: $ Nonmarital DESCRIPTION OF ITEM(S). List a description of each separate debt Current (check correct owed by you (and/or your spouse, if this is a petition for dissolution Amount column) of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check Owed the line next to any debt(s) for which you believe you should be responsible. husband wife Mortgages on real estate: First mortgage on home Second mortgage on home Other mortgages Auto loans Charge/credit card accounts $ Other Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) ( 09/12) Nonmarital DESCRIPTION OF ITEM(S). List a description of each separate debt Current (check correct owed by you (and/or your spouse, if this is a petition for dissolution Amount column) of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check Owed the line next to any debt(s) for which you believe you should be responsible. husband wife ____Check here if additional pages are attached. Total Debts (add next column) $ C. 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. Contingent Assets Check the line next to any contingent asset(s) which you are requesting the judge award to you. Possible Value $ Total Contingent Assets Contingent Liabilities Check the line next to any contingent debt(s) for which you believe you should be responsible. $ Possible Amount Owed $ Total Contingent Liabilities $ Nonmarital (check correct column) husband wife Nonmarital (check correct column) husband wife SECTION IV. 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.) [Check 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. Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) ( 09/12) I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} ________________________________. Other party or his/her attorney: Name: _____________________________ Address: ____________________________ City, State, Zip: _______________________ Fax Number: _________________________ E-mail Address(es): _____________________ 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: ______________________________ Fax Number: ________________________________ E-mail Address(es): ____________________________ 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] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} ___________________________________________________________________, {address} ________________________________, {city} ________,{state} ________ {telephone number} . . Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) ( 09/12)