The Difference between Florida Family Law Rules Of Procedure form 12.902 B – the Financial Affidavit Short Form and Florida Family Law Rules of Procedure form 12.902 C – the Financial Affidavit Long Form
A Florida financial affidavit is the holy grail to a West Palm Beach divorce attorney. As a result, it’s a document you should be familiar with. It’s important to learn the difference between Florida Family Law Rules of Procedure Form 12.902b and Florida Family Law Rules of Procedure Form 12.902c.
Florida Mandatory Disclosure defined by Divorce Attorney West Palm Beach
Florida Family Law Rule of Procedure 12.285 governs mandatory disclosure. This is especially relevant as it consists of the documents parties must exchange. All parties subject to automatic mandatory disclosure must file a certificate of compliance with the court. This certifies that all required documents are delivered and identifies them accordingly. Additionally, it certifies the date of service of the documents by that party. The party must also affirm that their mandatory disclosure is complete, accurate, and in compliance with Rule 12.285 listings.
The Specifics of Mandatory Disclosure
Mandatory disclosure is unique to family law. Only a party’s Florida financial affidavit and child support guidelines worksheet are filed with the court. The parties exchange all other documents also required for mandatory disclosure solely between themselves. The parties have 45 days from the service of the Petition to comply. Parties may also extend the time for compliance with mandatory disclosure by agreement. Additionally, either party can also file a motion with the court requesting an extension. The most important document included in mandatory disclosure is the Florida financial affidavit. Finally, Rule 12.285 applies to all proceedings within the scope of Family Law with the exception of a few.
- Simplified Dissolution
- Injunctions for domestic violence
- Uncontested dissolution when the Respondent is served by publication and doesn’t file an Answer
Divorce Attorney West Palm Beach, Jordan Gerber, Esq., answers the Question: Is there any Way to Get Out of Mandatory Disclosure?
Objections to mandatory disclosure must be served in writing at least five days prior to the due date for the disclosure. If an objection isn’t timely, it’s waived. The filing of a timely objection, with a notice of hearing on the objection, automatically stays mandatory disclosure. This only applies to matters within the scope of the objection. Sanctions will be ordered if an objection is unsupported.
Florida Family Law Rules of Procedure Form 12.902B otherwise Known as the Financial Affidavit Short Form
A Florida financial affidavit includes all gross income, all deductions from gross income, all expenses, and all assets and liabilities. Each listed expense should be accurate. If the total of your personal gross income per year is below $50,000 you complete a financial affidavit short form. The financial affidavit short form is provided by the Florida Supreme Court under the heading of Florida Family Law Rules of Procedure Form 12.902b. All cases require the filing of a Florida financial affidavit, with narrow exceptions.
A petition for child support must always be accompanied by an affidavit. This is important because it shows the party’s monthly net income computed in accordance with the child support guidelines. If the parties are entering into a marital settlement agreement, they always have to exchange their affidavits before signing the agreement. If you are seeking more information from the other party, you can request that they file a financial affidavit long form through service of interrogatories. This is known in divorce law as Florida Family Law Rules of Procedure Form 12.902c.
Florida Family Law Rules of Procedure Form 12.902C otherwise Known as the Financial Affidavit Long Form
A Florida financial affidavit should include all gross income, all deductions from gross income, all expenses, and all assets and liabilities. If your annual gross income is above $50,000 you complete a financial affidavit long form. The financial affidavit long form is provided by the Florida Supreme Court under the heading of Florida Family Law Rules of Procedure Form 12.902c. All cases require the filing of a Florida financial affidavit, with narrow exceptions.
A petition for child support must always be accompanied by an affidavit. This is important because it which shows the party’s net income computed in accordance with the child support guidelines. If the parties are entering into a marital settlement agreement, they always have to exchange their affidavits before signing the agreement. There is far less information provided when a parties income is below $50,0000.00. This is because they qualify to file a financial affidavit short form. Also known as Florida Family Law Rules of Procedure Form 12.902b). Consequently, this is why many attorneys request a party file a financial affidavit long form to get a more accurate picture of their financial position.
Divorce Attorney West Palm Beach, Jordan Gerber, Esq., Highlights the Importance of a Florida Financial Affidavit in Mandatory Disclosure
You may be wondering how much attention a judge will pay to this document. In short? A lot. The petition guides the outline and road map of the litigation. But a Florida financial affidavit drives how the judge views the substantive financial issues in the case. In fact, a Palm Beach County family court judge relies on this to be the most important document in a family law proceeding.
Best Divorce Lawyers Answer to Do I Have to Amend My Florida Financial Affidavit?
There is a duty to supplement disclosure whenever a material change in financial status occurs. Additional discovery is required when a party submits an amended Florida financial affidavit. This is because the amending party must also serve any and all documents supporting the amendments. A West Palm Beach divorce attorney will review these carefully, so it’s especially relevant to ensure their accuracy.
The division of marital property in equitable distribution during Palm Beach County divorce can be stressful. Especially when you are sure your ex hasn’t been truthful on his Florida financial affidavit. How can you make sure that your cheating husband or cheating wife isn’t hiding something from the family court?
Divorce Attorney West Palm Beach, Jordan Gerber, Esq., Reveals How to Go Beyond Mandatory Disclosure to Dig up Dirt on Your Ex
In the current economy, gross income stated on a Florida financial affidavit is extremely important. You may find your former chiropractor selling nutrition supplements from the gym locker room. The guy you used to trust with your stock portfolio may have opened a mobile dry cleaner/taco truck. When times are tough the tough get going. In today’s market, therefore, this can mean a transition from corporate suit to self-employed. Maybe your spouse is part of this free agent movement or is involved in the family business. In these cases, your primary concern should always be if he or she has been less than truthful about gross income on their Florida financial affidavit. After all, alimony and child support in Florida are based, in large part, on income. Do your homework and hit the books. Literally.
Why Florida Family Law Rules of Procedure form 12.902b and Florida Family Law Rules of Procedure form 12.902b may not Tell the Whole Story
Palm Beach County family courts recognize the difference between the 9-5 beat and non W-2 earners. Gross income listed on a Florida financial affidavit could be a red flag. Tax returns of a salaried employee are pretty cut and dry. The returns of someone chasing paper in an alternative work environment? Not so much. There is no shortage of shady behavior that could be lurking beneath the surface. That’s where forensic accounting comes in. Forensic accounting can be key in making sure you aren’t getting hosed by your cheating husband or cheating wife.
Boca Raton Family Lawyer, Jordan Gerber, Esq., Points Out the Flip Side of a Florida Financial Affidavit when Filing for Divorce in Florida
If you are the self-employed spouse being accused of hiding assets, you aren’t necessarily doomed. There must be competent, substantial evidence to prove that you have been less than ethical about your income. Bottom line? If you see this as a possible issue, consult a South Florida Family Law Attorney as soon as possible.
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Divorce Attorney West Palm Beach Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Financial Affidavit Short Form Help
Financial Affidavit Long Form Help
Florida Alimony Laws
Division of Retirement Benefits In Florida Divorce
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement