Fill out Form 12.902(b), Family Law Financial Affidavit (Short Form) with Instafill.ai
Form 12.902(b), known as the Family Law Financial Affidavit (Short Form), is a document used in Florida family law cases for individuals with an annual gross income under $50,000. It serves to disclose financial information, including income, expenses, assets, and liabilities, to the court. This form is crucial for ensuring fair decisions in cases involving child support, alimony, and division of assets.
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Form specifications
| Form name: | Form 12.902(b), Family Law Financial Affidavit (Short Form) |
| Form issued by: | Florida Supreme Court |
| Number of fields: | 300 |
| Number of pages: | 9 |
| Version: | 10/21 |
| Download form: | https://stinstafill.blob.core.windows.net/static/902b10-21.pdf |
| Language: | English |
Form 12.902(b), Family Law Financial Affidavit (Short Form) free printable template
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Follow these steps to fill out your 902B-10 form online using Instafill.ai:
- 1 Visit instafill.ai site and select Form 12.902(b).
- 2 Enter your monthly gross income details.
- 3 List all monthly expenses accurately.
- 4 Detail your assets and liabilities.
- 5 Sign and date the form electronically.
- 6 Check for accuracy and submit the form.
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Frequently Asked Questions About Form Form 12.902(b)
Form 12.902(b), the Family Law Financial Affidavit (Short Form), should be used in family law cases where the individual's gross annual income is less than $50,000. It is designed to provide a simplified financial disclosure for cases with lower income levels, making the process more accessible and less burdensome for the parties involved.
The exceptions to using the short form financial affidavit include cases where the individual's gross annual income is $50,000 or more, or if the court specifically requires the long form (Form 12.902(c)) due to the complexity of the financial situation. Additionally, certain types of cases or specific judicial circuits may have rules that necessitate the use of the long form regardless of income.
The form should be filed with the clerk of the court in the jurisdiction where the case is being heard. It must also be served on the other party or their attorney, if they are represented. Service can be done by mail, in person, or through electronic means, as long as it complies with the Florida Rules of Civil Procedure and any local court rules.
For electronic filing (e-filing) of Form 12.902(b), the filer must be registered with the Florida Courts E-Filing Portal. The document must be in PDF format and comply with the technical requirements set by the Florida Courts Technology Commission. Additionally, any fees associated with filing must be paid at the time of submission unless exempted by law.
Electing electronic service (e-service) after the initial service of process is important because it streamlines the exchange of documents between parties and the court. It ensures that all parties receive documents promptly and reduces the reliance on physical mail, which can be slower and less reliable. E-service also helps in maintaining an organized and accessible record of all filed documents for the case.
A self-represented litigant can serve documents by email by first obtaining consent from the other party or their attorney to accept service via email. Once consent is given, the litigant can send the documents to the agreed email address. It's important to ensure that the email includes all necessary documents as attachments and that a read receipt or confirmation of receipt is requested to confirm delivery.
To serve and receive documents by email, both parties must agree to this method of service. The agreement should be documented, either in writing or through an electronic communication that can be saved. When serving documents, ensure they are in a readable format, such as PDF, and include a subject line that clearly identifies the contents. For receiving documents, regularly check the designated email account and confirm receipt to the sender.
More information about Form 12.902(b), Family Law Financial Affidavit (Short Form), and its requirements can typically be found on the official website of the court where the form is being filed. Additionally, local legal aid organizations or the court's self-help center may provide guidance and resources to help understand and complete the form correctly.
To keep your address confidential when filing Form 12.902(b), you may be able to file a motion with the court to seal your personal information or use a substitute address provided by a state-approved program, such as a domestic violence shelter or address confidentiality program. It's important to check with the court clerk about the specific procedures and requirements for keeping your address confidential in your jurisdiction.
Income and expenses should be converted to monthly amounts by taking the total amount received or spent over a certain period and dividing it by the number of months in that period. For example, if you receive $3,000 every three months, your monthly income would be $1,000. Similarly, if an expense is $600 annually, the monthly amount would be $50. Be sure to document the time period and calculations used to derive these amounts for accuracy and transparency.
A nonlawyer can assist in filling out the Family Law Financial Affidavit (Short Form) by providing clerical or secretarial support, such as typing or writing down information as provided by the individual. However, they cannot provide legal advice. If a nonlawyer helps in preparing the form, their name, address, and relationship to the individual must be disclosed on the form to ensure transparency about who assisted in its preparation.
The Family Law Financial Affidavit (Short Form) typically includes sections for personal information, present monthly income, deductions allowable under Section 61.30, Florida Statutes, average monthly expenses, assets, liabilities, and a signature section. It is designed to provide a snapshot of an individual's financial situation for family law proceedings.
Present monthly gross income on the form is calculated by totaling all income received from any source before deductions. This includes wages, salaries, bonuses, commissions, business income, rental income, dividends, interest, and any other form of income. The total is then divided by the number of months the income was received to determine the monthly average.
Under Section 61.30, Florida Statutes, allowable deductions from gross income include federal, state, and local income tax deductions, Social Security taxes, mandatory retirement contributions, union dues, health insurance payments, court-ordered child support payments for other children, and spousal support payments being made to another party. These deductions are subtracted from gross income to determine net income for child support calculations.
Average monthly expenses are reported by listing all regular monthly expenses, such as housing, utilities, food, transportation, health care, child care, and other personal or family expenses. The individual should provide the average amount spent in each category over a reasonable period to reflect their typical monthly expenditures. This helps in assessing financial needs and obligations in family law matters.
On Form 12.902(b), Family Law Financial Affidavit (Short Form), you must list all your assets and liabilities in the designated sections. Assets include items like bank accounts, real estate, vehicles, and personal property. Liabilities encompass debts such as loans, credit card debts, and mortgages. Ensure all entries are accurate and up-to-date to reflect your current financial situation.
Contingent assets and liabilities, which depend on the occurrence of a future event, should be clearly listed on the form. Specify the nature of the contingency and provide an estimated value if possible. Transparency is crucial to ensure all potential financial implications are considered in the legal proceedings.
Yes, if child support is an issue in your case, a completed Child Support Guidelines Worksheet must be filed along with Form 12.902(b). This worksheet helps calculate the appropriate child support amount based on the financial information provided in the affidavit.
Signing Form 12.902(b) under oath constitutes a legal declaration that the information provided is true and accurate to the best of your knowledge. Providing false information can result in penalties for perjury, which may include fines, legal consequences, and the potential for the court to disregard your financial claims or impose sanctions.
If a nonlawyer assists in completing Form 12.902(b), they must provide their name, address, and relationship to the person filing the form. This ensures transparency and accountability in the preparation of the affidavit, although the filer remains responsible for the accuracy and completeness of the information provided.
You can download a printable version of Form 902B-10
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Compliance Form 12.902(b)
Validation Checks by Instafill.ai
1
Verifies that the individual gross income is under $50,000 per year, unless an exception applies, ensuring the correct form is used.
Ensures that the individual's gross income does not exceed $50,000 annually, unless specific exceptions are met, to confirm the appropriateness of Form 12.902(b). Validates the financial threshold to maintain the form's relevance and accuracy. Checks for any applicable exceptions that might allow the use of this form despite higher income levels. Confirms that the form selection aligns with the individual's financial situation to prevent procedural errors.
2
Confirms that the form is either typed or printed in black ink, maintaining legibility and professionalism.
Verifies that the form is completed in a typed format or printed in black ink to ensure clarity and professionalism. Checks for legibility to prevent any misunderstandings or delays in processing. Ensures that the form adheres to standard presentation guidelines for legal documents. Confirms that the submission meets the aesthetic and readability standards required by the court.
3
Ensures all sections of the form are completed accurately and thoroughly, preventing omissions or inaccuracies.
Validates that every required section of the form is filled out accurately to avoid incomplete submissions. Checks for thoroughness in responses to ensure all financial and personal details are disclosed. Ensures that there are no omissions that could affect the court's understanding of the individual's financial affidavit. Confirms the accuracy of the information provided to uphold the integrity of the legal process.
4
Validates that the form is filed with the clerk of the circuit court in the correct county, adhering to jurisdictional requirements.
Ensures that the form is submitted to the appropriate circuit court clerk's office in the correct county. Verifies jurisdictional compliance to prevent filing errors. Checks that the filing location aligns with legal requirements for the case's jurisdiction. Confirms adherence to procedural norms to facilitate smooth case processing.
5
Checks that a copy of the form is served on the other party or their attorney within the stipulated 45-day period, complying with service rules.
Ensures that the other party or their attorney receives a copy of the form within the mandatory 45-day timeframe. Validates compliance with service rules to maintain legal procedural integrity. Checks for timely delivery to prevent any legal disadvantages due to delayed service. Confirms that all parties are properly notified in accordance with legal standards.
6
Validates the completion of SECTION I with all sources of monthly income and deductions listed, ensuring accurate net monthly income calculation.
Ensures that all sources of monthly income and deductions are accurately listed in SECTION I, facilitating a precise calculation of net monthly income. Confirms that no income sources or deductions are omitted, which could skew the financial analysis. Verifies that the amounts entered are consistent with supporting documentation, ensuring reliability. Maintains the integrity of the financial affidavit by adhering to the requirement for comprehensive income and deduction reporting.
7
Ensures all income and expenses are converted to monthly amounts accurately, facilitating uniform financial analysis.
Verifies that all income and expenses reported on the form are accurately converted to monthly amounts, ensuring consistency in financial analysis. Confirms that the conversion process adheres to standard accounting practices, preventing discrepancies. Ensures that the uniform monthly format allows for easier comparison and evaluation of financial affidavits. Maintains the accuracy and reliability of the financial data presented, supporting fair and equitable legal proceedings.
8
Verifies the use of Florida Supreme Court Approved Family Law Form 12.980(h) for confidential address filing, when necessary, protecting victim privacy.
Confirms that Form 12.980(h) is utilized for confidential address filing when required, safeguarding the privacy of victims. Ensures that sensitive information is handled in compliance with legal standards, preventing unauthorized disclosure. Verifies that the form is correctly completed and submitted, maintaining the confidentiality of the victim's address. Upholds the legal protections afforded to victims, ensuring their safety and privacy are prioritized.
9
Assesses compliance with electronic filing and service requirements, if applicable, following Florida Rule of General Practice and Judicial Administration 2.525 and 2.516.
Ensures that the affidavit complies with electronic filing and service requirements as stipulated by Florida Rule of General Practice and Judicial Administration 2.525 and 2.516. Confirms that all electronic submissions meet the technical and procedural standards set forth, facilitating efficient court processes. Verifies that service of the affidavit is conducted in accordance with legal requirements, ensuring all parties are properly notified. Maintains the legal validity of the affidavit by adhering to electronic filing and service protocols.
10
Confirms that nonlawyer assistance is properly disclosed with the nonlawyer's details included, maintaining transparency and accountability.
Verifies that any nonlawyer assistance in the preparation of the affidavit is fully disclosed, including the nonlawyer's details, to ensure transparency. Confirms that the disclosure meets legal requirements, preventing any potential conflicts or misunderstandings. Ensures that the role of the nonlawyer is clearly stated, maintaining accountability in the affidavit's preparation. Upholds ethical standards by ensuring that all parties involved in the affidavit's creation are properly identified.
11
Checks SECTION II for comprehensive listing of monthly expenses, with estimations clearly marked, providing a clear financial picture.
The AI software meticulously reviews SECTION II to ensure all monthly expenses are comprehensively listed, with any estimations clearly marked. This step is crucial for presenting an accurate and transparent financial picture. It verifies that no significant expenses are omitted, which could otherwise skew the financial assessment. Additionally, it checks that estimations are reasonable and justified, maintaining the integrity of the financial affidavit.
12
Ensures SECTION III accurately lists all assets and liabilities, with nonmarital items identified, for complete financial disclosure.
The software rigorously examines SECTION III to confirm that all assets and liabilities are accurately reported, including the identification of nonmarital items. This ensures a complete and honest financial disclosure, which is essential for fair legal proceedings. It checks for any discrepancies or omissions that could affect the outcome of the case. The identification of nonmarital items is particularly scrutinized to prevent any misclassification that could lead to disputes.
13
Verifies the indication in SECTION IV regarding the filing of a Child Support Guidelines Worksheet, if applicable, ensuring compliance with child support documentation requirements.
In SECTION IV, the AI software verifies whether the filer has indicated the need to file a Child Support Guidelines Worksheet. This check ensures compliance with legal requirements for child support documentation. It confirms that all necessary steps are taken to address child support obligations accurately. The software also ensures that the indication is clear and unambiguous, preventing any potential legal oversights.
14
Confirms the form is signed under penalties of perjury, with contact information provided, attesting to the truthfulness of the information.
The software confirms that the form is duly signed under penalties of perjury, with the filer's contact information provided. This step attests to the truthfulness and accuracy of the information submitted. It checks that the signature is present and valid, reinforcing the legal binding nature of the affidavit. Additionally, it verifies that the contact information is complete and correct, facilitating any necessary follow-up communications.
15
Assesses the inclusion of nonlawyer assistant's information, if applicable, on the last page of the form, adhering to disclosure requirements.
Lastly, the AI software assesses whether the form includes the nonlawyer assistant's information on the last page, if applicable. This ensures adherence to disclosure requirements and maintains transparency in the preparation of the affidavit. It checks that all required details about the nonlawyer assistant are provided, including their name and role. This step is vital for upholding ethical standards and legal compliance in the document preparation process.
Common Mistakes in Completing Form 12.902(b)
A frequent error involves not accurately converting income figures to monthly amounts, which is crucial for the court to assess financial situations properly. This mistake can lead to misunderstandings about one's financial capacity. To avoid this, individuals should carefully review their pay stubs or income statements and use the correct method for monthly conversion. Consulting with a financial advisor or using reliable online calculators can also ensure accuracy in this conversion process.
Many individuals overlook the importance of listing estimated monthly expenses, which are vital for a comprehensive financial overview. This omission can skew the court's perception of one's financial needs. It's advisable to meticulously track and document all monthly expenses, including utilities, groceries, and other recurring costs. Utilizing budgeting apps or spreadsheets can aid in capturing a complete and accurate picture of monthly expenditures.
Neglecting to disclose nonmarital assets and liabilities is a common oversight that can have legal repercussions. This information is essential for a fair assessment of each party's financial standing. Individuals should ensure all assets and liabilities, regardless of their marital status, are fully documented. Seeking legal advice can help in identifying what constitutes nonmarital assets and liabilities to ensure nothing is left out.
Failing to submit the Child Support Guidelines Worksheet when it's mandated can delay proceedings and affect child support determinations. This document is critical for calculating appropriate child support amounts based on income and other factors. Parents should verify whether their situation requires this worksheet and complete it thoroughly. Legal counsel or court resources can provide guidance on when and how to file this document correctly.
Providing incomplete or incorrect contact information can hinder communication and delay the legal process. Accurate details are necessary for all parties involved to reach out if needed. Double-checking all personal information, including addresses, phone numbers, and email addresses, before submission is a simple yet effective way to prevent this issue. It's also beneficial to update the court promptly if any contact information changes after filing.
Failing to sign the Form 12.902(b) under penalties of perjury is a critical oversight that can invalidate the affidavit. This omission undermines the legal standing of the document, as the signature serves as a sworn statement of the accuracy of the provided information. To avoid this mistake, ensure that you review the form thoroughly before signing, acknowledging the legal implications of your signature. It's advisable to double-check the signature line before submission to confirm that all required fields are completed.
Not serving the other party with the Form 12.902(b) within the mandated 45-day timeframe can delay proceedings and potentially result in penalties. Timely service is crucial for maintaining the integrity and progress of the case. To prevent this error, mark the deadline on your calendar and consider serving the document well in advance. Utilizing certified mail or a process server can provide proof of service and help ensure compliance with the deadline.
Using the short form (Form 12.902(b)) when your income exceeds $50,000 is a common mistake that can lead to the rejection of your affidavit. The court requires the long form (Form 12.902(c)) for higher incomes to ensure detailed financial disclosure. Always verify your income against the form requirements before filing to select the appropriate version. Consulting with a legal professional can also help in making the correct form selection based on your financial situation.
Neglecting to adhere to e-filing and e-service requirements for Form 12.902(b) can result in the dismissal of your submission. Many jurisdictions now mandate electronic filing and service to streamline processes. Familiarize yourself with the local court's e-filing system and requirements before submitting your form. Ensuring compliance with these protocols can prevent unnecessary delays and ensure your affidavit is processed efficiently.
Failing to disclose nonlawyer assistance when completing Form 12.902(b) can raise ethical concerns and potentially invalidate your affidavit. This disclosure is required to maintain transparency about who helped prepare the document. Always include a nonlawyer assistance disclosure if someone other than an attorney aided in completing the form. This step upholds the integrity of the legal process and avoids potential scrutiny or rejection of your affidavit.
Failing to file for confidentiality when entering an address can lead to privacy concerns, especially in sensitive family law cases. It is crucial to assess whether the situation warrants confidentiality to protect personal safety and privacy. Always review the form instructions or consult with a legal professional to determine if confidentiality is necessary. Taking this step ensures that personal information remains secure and is only accessible to authorized parties.
The form requires all expenses to be listed in monthly amounts for consistency and accuracy in financial assessment. Overlooking this requirement can result in inaccurate financial disclosures, potentially affecting the outcome of the case. To avoid this, carefully review each expense and convert it to a monthly figure, even if it means averaging annual or quarterly payments. This diligence ensures that the financial affidavit accurately reflects the individual's financial situation.
Providing inaccurate or incomplete information about income sources can misrepresent one's financial status, leading to unfair judgments or decisions. It is essential to include all sources of income, no matter how small, to present a comprehensive financial picture. Double-checking entries against pay stubs, bank statements, and other financial documents can help ensure accuracy. Transparency in disclosing income sources is key to maintaining credibility and achieving a fair resolution.
Not specifying whether expense amounts are estimated can lead to misunderstandings about the accuracy of the financial affidavit. Clearly marking estimated figures helps the court or opposing party understand which numbers are approximations and which are exact. This practice fosters transparency and can prevent disputes over financial disclosures. Always annotate estimated amounts to maintain clarity and trust in the documentation provided.
Omitting required sections from the form can result in an incomplete submission, potentially delaying proceedings or affecting the case's outcome. Before submitting, thoroughly review the form to ensure every necessary section is completed, even if some answers are 'none' or 'not applicable.' Consulting the form's instructions or seeking legal advice can help identify all mandatory sections. Completing the form in its entirety demonstrates diligence and respect for the legal process.
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