Form 12.902(b)- Family Law Financial Affidavit -Short Form
Request DocumentJurisdiction: Country: USA | Province or State: Florida
What is a Form 12.902(b)- Family Law Financial Affidavit (Short Form)?
This is a sworn financial disclosure form used in Florida family cases. You use it to list your income, deductions, monthly expenses, assets, and debts. The court uses it to understand your finances. It informs decisions on support, fees, and how to divide debts or property.
You typically file the short form if your individual gross income is under $50,000 per year. If your gross income is higher, you usually must use the long form instead. The affidavit is part of the mandatory financial disclosure in most Florida family cases that involve money. It belongs to the Florida Courts system and follows Florida family law procedures.
Who uses this form?
Divorcing spouses, unmarried parents, and parties in actions that involve support or property. You might be the petitioner or the respondent. Both sides usually file their own affidavit. Each affidavit must be complete, accurate, and current at the time you file.
You need this form when the court must see your financial picture. The judge cannot set child support or alimony without it. The court also uses it to decide the need and ability to pay attorney’s fees and costs. It helps the court match support orders to actual resources. It also helps each party evaluate settlement options.
Typical usage scenarios include divorce with minor children or assets, paternity cases, child support actions, and requests for temporary support. You also use it when you seek to modify a prior support order. If you ask the court to enforce a support order, you may file an updated affidavit. The form provides a common format to present finances. It reduces disputes about basic numbers and promotes transparent negotiations.
The affidavit is not a narrative. It is a structured statement. You enter numbers for specific categories and attach schedules if needed. You sign under oath. The court takes sworn numbers seriously. If your income varies, you report averages and note any fluctuation. If you are self‑employed, you report gross receipts and business costs. You do not guess. You use documents and math that you can explain.
When Would You Use a Form 12.902(b)- Family Law Financial Affidavit (Short Form)?
You use it early in a family case that includes financial issues. If you file a divorce and request support or property division, you file this form. If your spouse files first, you still file your own affidavit. Courts often require both affidavits before any hearing on temporary support. Judges need the forms to set temporary child support or alimony.
Unmarried parents use it in paternity and child support proceedings. You must show income, health insurance costs, and child care costs. These numbers feed the child support calculation. If you want to adjust an existing support order, you file a current affidavit. You show the change in income or expenses since the last order.
If enforcement is at issue, the affidavit may support a request for a payment plan. It shows what you can afford. It also supports requests for attorney’s fees if you claim need or claim the other party has the ability to pay. If your case involves only parenting issues with no money, you might not need this form. Most divorce cases still require it because property and debts are common.
You use the short form when your individual gross annual income is under $50,000. That figure means your own income before taxes and deductions. Do not combine your new partner’s income with yours. If someone pays your bills on a regular basis, you report that as income. If your income is close to the threshold, check your last year’s totals. If you expect a big raise or bonus, consider whether the long form fits better. The court can also order a different form if it needs more detail.
Examples help. You are a full‑time retail worker who earns $19 per hour. You have a child and pay for after‑school care. You need child support and temporary timesharing. You file the short form to show your net income and child care costs. Or you are a delivery driver with tips. Your biweekly pay and tips vary. You average the past 12 months to get a monthly figure. You list your car payment, insurance, gas, and phone. The judge uses your affidavit for a temporary support order.
Legal Characteristics of the Form 12.902(b)- Family Law Financial Affidavit (Short Form)
This is a sworn affidavit. It is legally binding because you sign under oath before a notary or clerk. You attest that the information is true and correct. You can face penalties for false statements. The court relies on your numbers to issue orders. Those orders are enforceable. Your affidavit supports those orders.
Enforceability rests on several safeguards. You must sign the affidavit under penalty of perjury. A notary or clerk verifies your identity and observes your signature. You must serve the affidavit on the other party. The court requires disclosure of financial documents. The other side can test your numbers through discovery. If numbers don’t match papers, the court may impose sanctions. Sanctions can include attorney’s fees or limits on your claims. The court can also strike pleadings for serious violations.
General legal considerations apply. Accuracy matters more than perfection. If you do not know a number, you must make a good‑faith estimate. You must base estimates on records or reasonable math. You must update the affidavit if your finances materially change. You should not wait until the trial to correct important changes. Use fair market value for assets, not sentimental or purchase prices. Disclose all accounts and debts, even if you think they are separate or small.
Privacy rules apply to sensitive data. Use only the last four digits of account numbers. Use the last four digits of your Social Security number. If you have safety concerns, ask about address confidentiality. Do not omit items for privacy reasons. Use proper redaction instead. The court restricts public access to some personal identifiers, but you must still disclose to the other party.
Remember the scope of the form. The affidavit is not a settlement agreement. It is not a final division of property. It is evidence of finances. The judge will weigh this with other evidence. Clear, candid affidavits can speed resolution and reduce conflict.
How to Fill Out a Form 12.902(b)- Family Law Financial Affidavit (Short Form)
Follow these steps to complete, file, and serve the affidavit.
1) Confirm you qualify for the short form.
- Use this form if your gross annual income is under $50,000.
- If your income is higher, use the long form instead.
- If unsure, total last year’s gross pay and any other income.
2) Gather your documents.
- Pay stubs for the past three months.
- Last year’s W‑2 or 1099 and tax return.
- Bank and credit card statements for recent months.
- Statements for loans, mortgages, and vehicle accounts.
- Health insurance bills and child care invoices.
- Retirement and investment statements.
- Proof of any alimony or support you pay or receive.
These papers guide your entries and calculations. Keep them organized by category.
3) Complete the case caption.
- Enter the county and court division if listed on other filings.
- Enter the case number and the parties’ names.
- Mark whether you are the petitioner or respondent.
Use the exact names shown on the petition or current order.
4) Provide your personal and employment information.
- List your name and contact information.
- List your employer’s name, address, and phone.
- State your occupation, pay rate, and pay period.
- If unemployed, note the date you stopped working and why.
If safety is a concern, ask the clerk about address confidentiality options.
5) Report your monthly gross income.
- Salary or wages: convert to monthly. Weekly times 52, then divide by 12. Biweekly times 26, divided by 12. Twice‑monthly times 2.
- Overtime and bonuses: average over the past 12 months. If seasonal, note the seasonal nature.
- Commissions and tips: average over a reasonable period.
- Self‑employment: report gross receipts minus ordinary business expenses. Do not subtract personal expenses as business costs.
- Other income: includes disability, Social Security, pension, unemployment, rental income, dividends, interest, and trust income.
- Regular contributions from others: include whether they pay your expenses reliably.
Add all items to reach the total monthly gross income. Do not guess. Use records.
6) List allowable deductions to reach net income.
- Federal income tax withholding (monthly average).
- Social Security and Medicare withholding.
- Mandatory union dues.
- Mandatory retirement contributions.
- Health insurance costs for you. If a family plan, list your share.
- Court‑ordered child support for children, not in this case.
- Court‑ordered alimony you pay to a former spouse.
Subtotal these deductions and subtract from gross income. That gives your net monthly income. Do not deduct optional 401(k) contributions unless required by your job.
7) List your monthly household expenses.
- Housing: rent or mortgage, property taxes, insurance, and association fees.
- Utilities: electricity, water, sewer, gas, trash, and internet.
- Phones: mobile and landline.
- Food and household supplies.
- Clothing, laundry, and dry cleaning.
- Transportation: fuel, maintenance, parking, and tolls.
- Vehicle insurance and registrations.
- Medical and dental are not covered by insurance.
- Prescriptions and routine care costs.
- Child care and after‑school care.
- School expenses and activities.
- Life, disability, and long‑term care insurance.
- Entertainment and subscriptions.
- Personal care and grooming.
- Pet care costs, if significant and regular.
- Charitable giving, if regular and reasonable.
- Debt payments not already listed under liabilities.
Use averages for variable items. Use actual bills for fixed items. List only your share if you split costs with someone. If another adult pays a specific bill, disclose that as income and the related expense.
8) Detail child‑related costs the court considers.
- Health insurance for the child: state the monthly cost that applies to the child.
- Child care costs are needed for work or a job search.
- Unreimbursed medical or dental expenses for the child.
These numbers feed the child support guidelines. Be precise and support them with bills.
9) List your assets with fair market values.
Common categories include:
- Cash and bank accounts.
- Retirement accounts and pensions.
- Stocks, bonds, and brokerage accounts.
- Real estate: home, land, timeshares.
- Vehicles, motorcycles, boats, or recreational vehicles.
- Business interests.
- Life insurance with cash value.
- Valuable personal property: jewelry, art, and collectibles.
Use fair market value, not replacement cost or original price. If you owe money on an item, still list the full value here. Debts appear in the liabilities section. Indicate whether each asset is in your name, your spouse’s name, or both. If you claim an asset is nonmarital, note that status, but still disclose it.
10) List your liabilities with current balances.
Common categories include:
- Mortgages and home equity loans.
- Vehicle loans or leases.
- Credit cards and store cards.
- Student loans.
- Medical bills.
- Personal loans and lines of credit.
- Tax debts and judgments.
List the creditor name, the last four digits of the account, and the balance. Include minimum monthly payments. Indicate whether the debt is in your name, your spouse’s name, or both. Disclose all debts, even small ones.
11) Include contingent assets and liabilities, if any.
- Contingent assets: pending tax refunds, inheritances, claims, or lawsuits. Also include unvested bonuses or stock awards if likely.
- Contingent liabilities: potential lawsuits, guarantees, or co‑signed debts that may come due.
Only include items that have a reasonable chance of occurring. Briefly describe the contingency.
12) Add any notes needed for clarity.
Use short explanations where numbers might confuse. Examples include major recent changes in income, seasonal patterns, or one‑time expenses. Keep notes factual and brief.
13) Check your math and consistency.
- Confirm gross minus deductions equals net income.
- Confirm expenses do not double-count deductions.
- Review assets and debts for completeness.
- Make sure monthly totals match supporting statements.
- If you used estimates, note the method used.
Small math errors can create credibility issues. Correct them before signing.
14) Sign under oath and notarize.
- Read the perjury statement carefully.
- Sign in front of a notary or deputy clerk.
- Show valid identification.
Do not sign before you meet the notary or clerk. Your signature must be witnessed to be valid.
15) Complete the certificate of service.
- Serve a copy on the other party or their lawyer.
- State the date and method of service.
- Keep proof of service.
Proper service is required before many hearings can proceed.
16) File the affidavit with the clerk.
- File in the same case as your petition or response.
- If you e‑file, follow the portal prompts and naming rules.
- Keep a stamped copy for your records.
Some judges require a current affidavit at each hearing. Bring a copy to court.
17) Update the affidavit if your finances change.
- File an amended affidavit when major changes occur.
- Serve the amended version on the other party.
- Use the most current numbers for any hearing or trial.
Examples of major change include job loss, new job, large raise, or change in child care costs.
Practical tips:
- Use the last 12 months to average variable income.
- For self‑employment, attach a simple profit and loss statement. Separate business from personal expenses. Include taxes you expect to pay.
- If you receive cash tips, keep a log and deposit them when possible.
- For health insurance on a family plan, identify the cost for you and the child. Use plan documents to apportion the premium.
- Use only the last four digits for account numbers. Redact full Social Security numbers.
- If you cannot find a document, note that and continue. Do not delay filing without a good reason.
Common mistakes to avoid:
- Leaving items blank that should be zero or “none.”
- Mixing weekly, biweekly, and monthly amounts without converting.
- Double-counting expenses that are already deducted from pay.
- Omitting debts you hope to settle later.
- Using replacement costs for assets rather than fair market values.
- Failing to disclose regular help from family or friends.
- Signing without a notary or clerk present.
Real‑world example:
You work full‑time at $20 per hour and are paid biweekly. Gross pay is about $3,466 per month (20 × 40 × 52 ÷ 12). You also receive $150 monthly in average tips. Your gross is $3,616. Your pay stubs show taxes and FICA of $480, health insurance of $160, and mandatory union dues of $25 per month. Your net income is about $2,951. Your monthly expenses include $1,200 rent, $250 utilities, $500 food, $300 car payment, $150 car insurance, $200 gas, $120 phone, $100 medical, and $280 child care. You list a checking account with $900, a car worth $9,000, and a 401(k) worth $7,500. Debts include a $7,200 car loan and $1,800 in credit cards. You sign before a notary, file the affidavit, and serve the other party. The court uses these numbers for a temporary child support order.
Remember your goal. You want a complete, accurate snapshot of your finances today. That lets the court set fair, workable orders. It also helps you negotiate with clear numbers. Fill it out carefully, verify your math, and keep it current.
Legal Terms You Might Encounter
- Gross income means all money you receive before taxes or deductions. On this form, you report gross income from employment, self-employment, and other sources. You use pay stubs, contracts, and statements to calculate it. If your income varies, you average it over a reasonable period.
- Net income is your take-home pay after deductions like taxes and insurance premiums. The form helps you calculate it by subtracting allowable deductions from your gross income. You enter both figures because the court considers them differently.
- Deductions are amounts withheld or paid before you reach net income. Common deductions include federal income tax, Social Security tax, Medicare tax, mandatory retirement, union dues, and health insurance. On the form, you list each type and the amount so your net income is accurate.
- Non-employment income covers money not from a job. This can include bonuses, commissions, rental income, dividends, interest, trust distributions, and recurring gifts. If you receive money on a regular basis, the form treats it as income. You list the type, frequency, and average amount.
- Imputed income is income the court may assign to you if your reported income does not reflect your earning capacity. This can happen if you are unemployed or underemployed by choice. On the form, you must report your current actual income, not a projected number. The court addresses imputed income later if needed.
- Assets are what you own with value, such as bank accounts, vehicles, real estate, retirement accounts, and investments. The short form asks for a summary of assets to show your financial picture. Use current balances or fair market value. Be clear if a value is an estimate.
- Liabilities are what you owe, including credit cards, loans, medical bills, and tax debts. The form requires you to list debts and their balances. If a debt is disputed or in collections, still list it with a note. The goal is full disclosure.
- Financial disclosure means exchanging complete and accurate financial information with the other party. This form is part of that process. You must disclose honestly and promptly. If you leave out information or misstate numbers, the court can impose penalties.
- Under penalty of perjury means you swear that your statements are true to the best of your knowledge. When you sign this form, you make that sworn statement. If you lie, you risk sanctions, fines, or worse. If a number is a good-faith estimate, say so.
- Service is the process of delivering a filed document to the other party. After you complete and sign this form, you typically file it and serve a copy. You then confirm service by completing the required certificate. Proper service keeps your case moving and protects your rights.
FAQs
Do you need to sign this form in front of a notary or clerk?
Yes. You sign this affidavit under oath. You must sign in front of a notary public or a deputy clerk. Do not sign at home and bring it later. If you do, you will need to re-sign. Bring a valid photo ID to the signing.
Do you include your spouse’s or the other party’s income on your form?
No. You only report your own income, deductions, assets, and liabilities. The other party completes their own affidavit. If you know information about their finances, do not add it here. Keep this form focused on your numbers.
Do you include cash tips, gig income, or side jobs?
Yes. You include all income, even if it is irregular, in cash or not reported on a W-2. Use bank records, app dashboards, or logs to estimate an average monthly amount. If it fluctuates, pick a reasonable averaging period and note it.
Do you need to attach pay stubs or tax returns?
Often, yes. You typically attach recent pay stubs and have tax returns ready for mandatory disclosure. If you are self-employed, gather profit-and-loss summaries and bank statements. Check your case requirements so you include the correct documents.
Do you list debts that are only in your name or all household debts?
You list debts that are your legal responsibility. If a household bill is only in the other person’s name, do not list it unless you are also liable. If a debt is joint, identify it as joint and include the full balance.
Do you have to list benefits like a company car or health insurance paid by your employer?
You list recurring non-cash benefits if they reduce your personal expenses. The form allows you to explain other income or benefits in the appropriate section. If you are unsure, describe the benefit and its approximate value so the court has the full picture.
Do you estimate values if you cannot get exact numbers?
Yes, you can use good-faith estimates. Use bank websites, statements, or recent bills to support your estimate. Mark the figure as an estimate and update it if you later confirm a different amount. Do not leave required lines blank.
Do you need to update the form if your income changes after filing?
Usually, yes. If your income changes meaningfully, you should amend your affidavit to keep it accurate. File the updated version and serve it on the other party. This prevents misunderstandings and supports fair decisions later in your case.
Checklist: Before, During, and After the Form 12.902(b)- Family Law Financial Affidavit (Short Form)
Before signing
- Collect pay stubs for the last month or two.
- Gather last year’s tax return and W-2s or 1099s.
- Download bank and credit card statements for the last two to three months.
- Pull loan statements for auto, student, personal, and mortgage debts.
- Get retirement and investment account statements and current balances.
- Assemble health insurance and other payroll deduction details.
- If self-employed, prepare a simple profit-and-loss summary and recent business bank statements.
- List recurring income from side work, rental units, or support you receive.
- List all monthly expenses and confirm which are payroll deductions versus out-of-pocket.
- Identify any non-cash benefits (e.g., employer-paid cell phone or vehicle use) that reduce your costs.
- Confirm account ownership: solo, joint, or business.
- Check your ID for notarization.
During signing
- Verify your name, case number, and contact information.
- Double-check gross income numbers and the averaging method for variable pay.
- Confirm each deduction type and amount is correct.
- Review all non-employment income entries for completeness.
- Re-read assets and liabilities for missing accounts or loans.
- Mark estimates as “estimated” where needed.
- Ensure totals add up and monthly numbers are consistent across sections.
- Remove full Social Security numbers or sensitive identifiers from public fields.
- Read the perjury statement slowly before you sign.
- Sign in front of a notary or deputy clerk; show your ID.
- Complete any certificate of service if you will serve the other party the same day.
After signing
- Make a clean copy of the signed, notarized affidavit for your records.
- File the affidavit with the clerk as required in your case.
- Serve a filed copy on the other party using an approved delivery method.
- Complete and file the certificate of service, if applicable.
- Keep proof of filing and service (stamped copies, receipts, or confirmations).
- Calendar any deadlines for additional financial disclosure.
- Set a reminder to update the affidavit if your income or expenses change.
- Store all supporting documents together for easy reference at hearings.
Common Mistakes to Avoid Form 12.902(b)- Family Law Financial Affidavit (Short Form)
- Don’t forget irregular income like bonuses, overtime, or gigs. Leaving these out can make your income look lower than it is. That can hurt your credibility and lead to corrections or sanctions.
- Don’t mix up gross and net income. Putting net pay in the gross income line understates your true earnings. This can cause incorrect support estimates and delays while you correct the record.
- Don’t ignore debts in collections or closed accounts with balances. These still count. Omitting them can make your finances appear stronger than they are and may affect case outcomes.
- Don’t round without a note. If you estimate or round a number, label it as an estimate. Unexplained rounding looks careless and triggers questions or follow-up requests.
- Don’t sign outside a notary’s presence. Signing at home and bringing it in later will not work. You will have to re-sign, causing delays and extra trips.
What to Do After Filling Out the Form 12.902(b)- Family Law Financial Affidavit (Short Form)
- File your signed, notarized affidavit with the clerk. Ask for a stamped copy for your records. If you file electronically, save the confirmation and a copy of the uploaded document.
- Serve the other party with a copy. Use a method your court accepts. Then complete and file the certificate of service, if your case requires it. Keep proof of delivery.
- Exchange supporting documents. Share recent pay stubs, tax returns, and other required financial records by your case deadline. Organize them in the same order as the affidavit to make review easy.
- Review the other party’s affidavit. Compare income, deductions, assets, and debts with what you know. Note gaps and request clarifications in writing. Keep communications professional and dated.
- Prepare for hearings or mediation. Bring your affidavit, the other party’s affidavit, and supporting documents. Tab the sections you may need to reference quickly. Know your monthly income and key expense numbers cold.
- Amend if your finances change. If you switch jobs, lose hours, or incur a major expense, update the affidavit. File the amended version and serve it. Say what changed and why. Keep the timeline clear.
- Protect confidential information. Do not put full Social Security numbers or full account numbers in public sections. Use only the last four digits if required and follow confidentiality procedures.
- Maintain a paper trail. Save drafts, final copies, and all attachments. Keep email or mail proofs for every exchange. Good records reduce disputes and save time later.
- Stay consistent across filings. Make sure your numbers match other forms and statements in your case. If they differ because of timing or estimates, add a brief note.
- Ask process questions early. If you are unclear about filing, service, or deadlines, seek clarification before you miss a requirement. Procedural mistakes are easier to prevent than to fix.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult a legal professional.