Form 12.902(c) – Family Law Financial Affidavit

Jurisdiction: Country: USA | Province or State: Florida

What is a Form 12.902(c) – Family Law Financial Affidavit?

Form 12.902(c) is Florida’s long-form Family Law Financial Affidavit. You use it to give the court a complete picture of your income, expenses, assets, and debts. It is a sworn statement. You sign it under oath. The court uses it to decide money issues in your family case.

Who typically uses this form?

Any party in a Florida family case with a gross annual income of $50,000 or more. If your gross income is at or above that threshold, you use this long form. If your income is lower, a short form may apply. Both petitioners and respondents use it. That includes spouses in divorce, unmarried parents in paternity cases, and parties seeking support changes.

You need this form when the court must understand your finances. The judge uses it to set child support and alimony. It also informs temporary support, fee requests, and property issues. Your affidavit helps you negotiate a settlement. It also supports mediation. Both sides rely on the numbers to discuss terms in good faith.

Typical usage scenarios include divorce with children, divorce without children, paternity and child support, and modifications. If you ask for temporary support, you attach it early. If you seek fees, you use them to show need. If your spouse claims you can pay more, this form sets the facts straight.

A clear, complete affidavit benefits you. It reduces disputes and delays. It also protects your credibility. Judges expect accurate numbers and proper proof. An organized affidavit builds trust and speeds resolution.

When Would You Use a Form 12.902(c) – Family Law Financial Affidavit?

You use it early in most Florida family cases. Florida requires financial disclosure in divorce and many support matters. If your annual gross income is $50,000 or more, you complete this long-form affidavit. You file it with the clerk and serve the other party.

If you file for divorce, you prepare it soon after service of the petition. If you were served, you prepare it soon after you respond. If you plan to ask for temporary child support or alimony, you complete it before or with your motion. Judges often will not hear your request without it. In mediation, both sides bring current affidavits. The mediator uses them to help you reach a fair number.

You also use it in paternity cases. If you want a child support set, you need current income and cost figures. The court cannot calculate support without accurate data on income, childcare, and health insurance. If you seek to modify support, you file a new affidavit showing what changed. That could be a job loss, a raise, new childcare costs, or insurance changes.

Typical users include W-2 employees, self‑employed owners, gig workers, and retirees. If you own a business, this form matters even more. It asks about business income and expenses. The court looks for personal expenses run through the business. If you have investment income, rental income, or stock options, you disclose them. You also use it if you receive or pay support in another case. The court needs to see those obligations.

If you and your spouse have a prenuptial agreement, you still file the affidavit unless excused by the court. The judge may need your finances to review temporary support or fees. Even agreed cases often require affidavits. Settlements are stronger when based on full disclosure.

Legal Characteristics of the Form 12.902(c) – Family Law Financial Affidavit

This is a sworn affidavit. It is legally binding because you sign it under oath. You do so before a notary public or the clerk. You declare the contents are true to the best of your knowledge. False statements can lead to penalties. The court may sanction you, award fees, or strike your pleadings. Willful falsehoods can support perjury charges.

Enforceability comes from the oath and the court’s authority. The judge uses your numbers to set enforceable orders. That includes child support and alimony. If your numbers are wrong, orders may misstate your ability to pay. The court can modify or enforce the order later. If you hid income or assets, the court can reopen issues. It can also penalize the hiding party.

You have a duty to update your affidavit if your finances change. File an amended version if your income, employment, or major expenses shift. Do this before hearings, mediation, or trial. Courts weigh credibility. Updated, accurate data carries weight. Old figures raise questions and cause delays.

Confidentiality matters. Your affidavit becomes part of the case file. Treat sensitive data with care. Do not include full Social Security numbers or full account numbers. Use the last four digits. You can move to seal or protect records in limited situations. Ask the clerk how to handle confidential information. When in doubt, redact.

You must also exchange supporting documents. Pay stubs, tax returns, and account statements support your figures. If you are self‑employed, provide profit and loss statements and business returns. If you claim deductions, provide proof. The affidavit alone is not enough without backup. Judges rely on both.

How to Fill Out a Form 12.902(c) – Family Law Financial Affidavit

Follow these steps. Work carefully. Keep copies of everything you file.

Step 1: Confirm you have the correct form

• Use this long form if your gross annual income is $50,000 or more.
• If your income is close to that line, calculate first. Use your current rate and hours.

Step 2: Gather your documents

• Last three months of pay stubs or income records.
• Last three years of tax returns with W‑2s and 1099s.
• For self-employed: recent profit and loss, balance sheet, K‑1s, and business returns.
• Three months of bank and credit card statements.
• Health insurance invoices showing your cost and the child’s cost.
• Childcare invoices and payments.
• Loan statements, mortgage statements, and credit card balances.
• Retirement, investment, and brokerage statements.
• Prior support orders you pay or receive.

Step 3: Identify the parties

• Fill in the case style at the top. Include county, case number, and division if known.
• Enter your legal name and the other party’s name as shown in the case.
• Mark whether you are the petitioner or respondent.

Step 4: State your employment information

• List your employer’s name and address. If self‑employed, list your business.
• Provide your job title and length of employment.
• Note your pay rate and pay period. Example: $35 per hour, paid biweekly.
• If you have more than one job, list each job separately.

Step 5: Calculate present monthly gross income

• Convert all earnings to monthly amounts.

Use these quick conversions:

• Weekly: multiply by 52, then divide by 12.
• Biweekly (every two weeks): multiply by 26, then divide by 12.
• Semimonthly (twice a month): multiply by 2.
• Hourly: hours per week × hourly rate × 52 ÷ 12.

Include all income sources:

• Salary, wages, overtime, tips, and commissions.
• Bonuses and back pay.
• Self‑employment or business income (gross receipts minus ordinary business expenses).
• Rental income (gross rents minus necessary expenses).
• Interest and dividends.
• Retirement, pension, and annuity income.
• Social Security (note if it is SSI, SSDI, or retirement).
• Unemployment, workers’ comp, and disability benefits.
• Spousal support received from another case.
• Trust income and recurring gifts that function like income.
• Do not guess. If variable, use a reasonable average. Explain your method if needed.

Step 6: List monthly allowable deductions

These are subtracted from gross to reach net income.

Include:

• Federal, state, and local income tax withholding.
• FICA and Medicare, or self‑employment tax.
• Mandatory union dues.
• Mandatory retirement contributions are required by your employer.
• The health insurance premium you pay for yourself.
• Court‑ordered child support for other children you actually pay.
• Court‑ordered spousal support you actually pay to a former spouse.
• Do not include voluntary retirement contributions here. List them later as expenses if needed.
• Use actual monthly amounts based on pay records.

Step 7: Compute present net monthly income

• Gross monthly income minus total monthly deductions equals net monthly income.
• Double‑check your math. This figure drives child support and alimony decisions.

Step 8: Report average monthly expenses

• Use your current, reasonable expenses.

If expenses vary, average the past three to six months.

Include:

• Housing: rent or mortgage, property taxes, insurance, association fees.
• Utilities: electricity, water, gas, trash, internet, and phone.
• Food and household supplies.
• Transportation: fuel, maintenance, public transit, parking, and tolls.
• Auto loans and insurance.
• Medical and dental are not covered by insurance.
• Health insurance premiums for you and the child’s portion.
• Childcare and after‑school care.
• Education and school costs for children, if applicable.
• Clothing and personal care.
• Entertainment and recreation at modest levels.
• Life and disability insurance.
• Retirement contributions if voluntary.
• Child support or alimony you pay by agreement (if not court‑ordered, note clearly).
• Pet care if significant.
• Avoid padding or underreporting. Judges can tell if numbers are unrealistic.

Step 9: List assets with estimated values

• Include everything you own or have a claim to, whether titled to you alone or jointly:
• Cash and bank accounts.
• Investments: stocks, bonds, mutual funds, crypto, and brokerage accounts.
• Retirement: 401(k), IRA, pensions, and deferred compensation.
• Real property: home, land, and investment properties.
• Vehicles, boats, and recreational vehicles.
• Business interests and partnerships.
• Life insurance with cash value.
• Money owed to you, tax refunds due, and security deposits.
• Valuable personal property: jewelry, art, and collectibles.
• Use fair market value. For real estate, use recent estimates or appraisals if available.
• For retirement accounts, use current statement balances.
• Indicate if you claim any asset as nonmarital. If unsure, list the asset and flag the issue.

Step 10: List liabilities with balances and payments

Include:

• Mortgages and home equity loans.
• Auto loans and leases.
• Student loans.
• Credit cards and personal loans.
• Medical bills and tax debts.
• Business debts you personally owe or guarantee.
• Judgments and liens.
• Provide creditor names and the last four digits of accounts only.
• List the current balance and the monthly payment.
• Note if a debt is in your name, the other party’s name, or both.

Step 11: Complete business income details (if self‑employed)

• Provide gross receipts and ordinary and necessary business expenses.
• Do not deduct personal expenses as business expenses.
• Add back personal benefits paid by the business, such as a personal car, meals, and travel.
• Be ready to provide a profit and loss statement that matches your affidavit.
• Keep your business and personal finances separate in your records.

Step 12: Attach supporting schedules and explanations

• If you need more space, attach a sheet. Label it with the section title.
• If expenses or income vary widely, add a note explaining your average.
• If you claim any nonmarital assets or debts, note why you believe so.
• If you receive irregular income (like an annual bonus), explain your averaging method.

Step 13: Review for accuracy and consistency

• Match your figures to your pay stubs and statements.
• Check that monthly conversions are correct.
• Ensure deductions listed match actual withholdings or orders.
• Confirm totals across sections do not conflict.

Step 14: Sign under oath before a notary or clerk

• Read the perjury warning above the signature line.
• Sign in front of a notary public or the clerk. Do not sign at home.
• Print your name, address, phone, and email.
• The notary will complete the acknowledgment with date and seal.

Step 15: Complete the certificate of service

• Fill in the date and method of service to the other party or their lawyer.
• You can serve by hand delivery, mail, or approved electronic service.
• Keep proof of how and when you served it.

Step 16: File with the clerk of the court

• File the signed, notarized affidavit with the clerk in your county case.
• Include any required cover sheets if the clerk instructs.
• Retain a stamped copy for your records.

Step 17: Update if anything changes

• If your income, job, insurance, or major expenses change, file an amended affidavit.
• Use “Amended” at the top and update the date.
• Serve the amended version on the other party.

Practical tips to avoid common mistakes:

• Use the exact numbers from your documents. Avoid rounding errors.
• Use monthly amounts everywhere. Convert correctly from your pay cycle.
• Do not leave blanks. Use “0” or “N/A” if an item does not apply.
• Separate your own expenses from a new partner’s or roommate’s share.
• For health insurance, state the cost for yourself and the child’s portion. Do not use the total family premium without breaking it down.
• For childcare, include only work‑related childcare costs.
• If you pay child support for other children, attach the order and proof of payment.
• If you are unemployed or underemployed, state the date and reason. Attach proof of benefits or job search records if relevant.
• Keep business and personal expenses distinct. Courts disallow personal expenses as business deductions.

How the court uses your affidavit:

• The judge uses your net income to calculate child support.
• The court reviews your needs and the other party’s ability to pay when considering alimony.
• The court considers assets and debts for equitable distribution at later stages.
• Your affidavit supports fee requests based on need and ability to pay.

You serve yourself well by being thorough and honest. A clear, complete Form 12.902(c) makes hearings smoother. It improves settlement chances. It also reduces your risk of sanctions and delays. If you keep it accurate and current, you give the court what it needs to decide fairly.

Legal Terms You Might Encounter

• Affidavit means a written statement you swear is true. This form is an affidavit. You sign it under oath, and the court relies on it.
• Notarization means a notary verifies your identity and watches you sign. You must sign this form in front of a notary or court clerk who can administer oaths.
• Under penalty of perjury means you can face penalties if you lie. When you sign this form, you swear your numbers and statements are true and complete.
• Gross income is your total income before taxes and deductions. On this form, you report all sources, including wages, overtime, bonuses, tips, self-employment, and benefits.
• Net income is what you take home after taxes and specific deductions. The form walks you through calculating this, so your numbers align with the guidelines.
• Mandatory disclosure is the exchange of financial documents in family cases. This form supports that process. You provide pay stubs, tax returns, and statements so each side can verify.
• Assets are things you own that have value, like bank accounts, cars, real estate, and retirement accounts. You list each asset on the form with its present value.
• Liabilities are debts you owe, like credit cards, loans, and tax debts. The form asks for the creditor name, balance, and monthly payment, if any.
• Equitable distribution is how the court divides marital assets and liabilities. Your affidavit helps show what exists and the values, which inform a fair split.
• Child support guidelines are rules used to calculate support. Your income and expense entries in this form feed into that calculation, even if you complete a separate worksheet later.

FAQs

Do you need to include overtime, bonuses, or tips?

Yes. Include all recurring and reasonably expected income. If overtime or bonuses vary, average them over a realistic period, such as the last 12 months, so the number is fair.

Do you list a new spouse’s income if you remarried?

No. List only your income. You do account for shared household expenses you pay. Keep your numbers to your own earnings and deductions unless the form asks for household totals.

Do you include assets you had before marriage?

Yes, list all assets you own, no matter when acquired. Use the description box to note if something is nonmarital (owned before marriage or acquired by a gift to you alone). The court decides how to treat it, but you still disclose it.

Do you have to attach documents to this form?

You do not attach documents to the affidavit itself unless the court requires it. You must still gather and exchange the documents in the mandatory disclosure. Keep them ready to prove the figures you list.

Do you estimate if you can’t find a document?

Use the most accurate number you can support. If you must estimate, make it reasonable, label it, and update it once you get records. Do not guess wildly. It is better to pause and pull the right statement than to submit a guess.

Do you include money from gig work or side jobs?

Yes. Report self-employment, gig apps, and cash jobs. Include gross revenue and actual business expenses. Keep records so your numbers can be verified.

Do you need to update the form if your income changes?

Yes. If your income or expenses change in a meaningful way, file an amended affidavit. Use current pay stubs and statements. Even small shifts can affect support calculations.

Do you include debts that are only in your spouse’s name?

List debts you are legally responsible for. If a debt is in your spouse’s name only, do not list it as your liability. If you are a co-signer or authorized user, check your status. If you pay a spouse-only debt regularly, note that in expenses and be clear why.

Checklist: Before, During, and After the Form 12.902(c) – Family Law Financial Affidavit

Before signing: Information/documents needed

Income proof:

• Last 3 months of pay stubs or income statements.
• Last 3 years of federal tax returns with all schedules and W-2/1099s.
• Proof of other income (bonuses, commissions, rental income, benefits).
• For self-employment: profit and loss statements and business bank statements.

Expense proof:

• Health, dental, and vision insurance premiums.
• Childcare invoices and school expenses.
• Out-of-pocket medical, prescriptions, and therapy costs.
• Housing costs: rent or mortgage, property taxes, association dues, insurance, utilities.
• Transportation costs: car payment, insurance, gas, maintenance, and tolls.
• Debt payments: credit cards, student loans, personal loans.

Asset records:

• Bank and credit union statements for all accounts.
• Retirement statements (401(k), IRA, pension).
• Investment statements (brokerage, stocks, bonds).
• Vehicle titles and loan payoff amounts.
• Real estate mortgage statements and property valuation estimates.
• Cash value life insurance statements.

Liability records:

• Current balances and statements for all loans and credit lines.
• Back taxes or government debts with payoff amounts.
• Identification and signing:
• Government ID for notarization.
• Your case number, if assigned.

Privacy prep:

• Know how to redact SSNs, full account numbers, and minor children’s personal data from any attachments.
• Prepare a separate sheet for sensitive details if the court requires it.

During signing: Sections to verify

• Case info matches your court case (names, case number, division).

Income:

• Gross income includes all sources. Check overtime, bonuses, tips, rental income, and side jobs.
• Deductions are accurate and current (taxes, Social Security, mandatory retirement, union dues).
• Net income calculation flows from your gross and deductions.

Expenses:

• Monthly expenses are realistic and current. Annual items are spread monthly.
• Health insurance cost is only your portion, plus any for children if you pay it.
• Childcare and medical expenses for children are supported by receipts or bills.

Assets:

• Every account is listed with current balances and last four digits only.
• Real estate and vehicles have reasonable present values, not the original purchase price.
• Retirement accounts reflect current statement values, not just contributions.

Liabilities:

• Each creditor is named, with accurate balances and monthly payments.
• Taxes owed and arrears are included, if any.

Accuracy statements:

• No blank sections. Use “0” or “N/A” where appropriate.
• Notes explain unusual items, variable income, or estimates.

Signature block:

• You read the perjury statement.
• You sign in front of a notary or authorized clerk.
• The notary completes all fields, including the date and commission details.

After signing: Filing, notifying, storing

Filing:

• File the original affidavit with the clerk for your case.
• Confirm whether the court requires electronic filing or in-person filing.
• Keep the stamped copy for your records.

Serving the other party:

• Send a copy to the other party or their lawyer as required.
• Complete any required certificate of service to show that you sent it.

Document exchange:

• Exchange mandatory disclosure documents by the required deadline.
• Use organized folders or a digital index so you can find items quickly.

Updates:

• Calendar a review date 30 and 60 days out to check for income or expense changes.
• If numbers change, prepare and file an amended affidavit.

Privacy and storage:

• Store copies in a secure place.
• Back up digital files with encryption.
• Keep the latest statements so you can refresh the affidavit if the court asks.

Common Mistakes to Avoid

• Using only take-home pay. Don’t forget to start with gross income, then list deductions. If you skip gross income, your net will appear too low. This can lead to penalties or an order to redo the form.
• Guessing on variable income. Don’t estimate without support for overtime, commissions, or gig work. An unrealistic guess can undermine your credibility and affect support.
• Leaving out accounts or debts. Don’t omit small accounts, old credit cards, or closed loans with balances. Missing items can look like concealment and trigger discovery disputes.
• Mixing household totals with your own expenses. Don’t report the whole rent if you split it. Show only your share. Wrong shares distort your budget and can change guideline results.
• Forgetting to update after a change. Don’t wait if your income rises or falls, or if childcare or insurance changes. Old numbers can produce an incorrect support order that is hard to fix later.
• Listing purchase price instead of present value. Don’t use what you paid for a car or asset years ago. Use the current fair value. Inflated values skew equitable distribution.
• Failing to redact sensitive data. Don’t file full account numbers or full SSNs. Unredacted filings risk identity theft and may be rejected.
• Not signing in front of a notary. Don’t sign at home and submit it. An unsigned or improperly notarized affidavit will not count and can delay your case.

9. What to Do After Filling Out the Form

1. Review with fresh eyes. Step away for an hour, then read it top to bottom. Check math, dates, and that every section is complete. Confirm you used the current statements.
2. Sign and notarize. Take a valid ID. Sign only in front of the notary or clerk. Make sure the notary completes the date, seal, and their information. Keep a copy of the signed version.
3. File with the clerk. Use your case number. Confirm your filing method and any formatting rules. If your court prefers e-filing, follow the upload steps and verify the document is legible.
4. Serve the other party. Send a copy to the other party or their lawyer as required. Complete a certificate of service if your court requires one. Keep proof of delivery.
5. Prepare your supporting documents. Organize tax returns, pay stubs, bank and retirement statements, loan statements, childcare invoices, and insurance bills. Create a simple index so you can hand over exactly what is requested.
6. Calendar deadlines. Note any disclosure deadline and upcoming conferences or hearings. Schedule time to refresh statements if a hearing is weeks away. Judges expect current numbers.
7. Bring copies to mediation or hearings. Take the affidavit and your latest proof. If you updated anything, bring the new page and the full amended version.
8. Amend when something changes. If your income, insurance costs, childcare, or living arrangements change, update the form. Mark it “Amended,” sign and notarize again, file it, and serve it. Note what changed in a brief statement.
9. Track ongoing expenses. Keep receipts for medical, dental, therapy, school, and childcare. You may need to document these at review points or when calculating shared costs.
10. Protect privacy. Redact full SSNs and full account numbers on any filed attachments. Store your copies securely. Do not email unredacted files unless you are using a secure method.
11. Stay consistent with other filings. Make sure your affidavit matches your petition, financial statements, and testimony. If you correct something, amend the related document too.
12. Ask for clarification if unsure about a line. If a category does not fit your situation, add a brief note. Clear context helps the court read your numbers correctly.
13. Keep your tone factual. Avoid arguments or accusations in the form. The affidavit is about numbers and facts. Save narratives for motions or testimony.
14. Prepare for questions. Be ready to explain how you calculated variable income, why expenses changed, or how you valued property. Bring the supporting page from your bank or lender.
15. Final check before any hearing. Review the latest pay stub, bank statement, and insurance bill. If they differ from your filed affidavit, consider filing an amended version so the court has the most current picture.