If you're going through a divorce, child support case, or custody modification in Florida, you will almost certainly need to file a Financial Affidavit. It's one of the most important forms in Florida family law โ and one of the most commonly filed incorrectly.
This guide explains what the Financial Affidavit is, which version you need, what information to include, and what mistakes to avoid.
Important: Pro Se Document Preparation is not a law firm and does not provide legal advice. For legal advice, contact the Florida Bar Lawyer Referral Service at 1-800-342-8011.
What Is a Florida Financial Affidavit?
A Florida Financial Affidavit is a sworn statement you file with the court that discloses your complete financial picture: income, monthly expenses, assets, and debts.
It's required in virtually all Florida family law cases that involve financial issues โ including:
- Divorce (contested or uncontested)
- Child support (establishing or modifying)
- Alimony (requesting or modifying)
- Paternity cases with child support
- Parenting plan modifications where child support is also at issue
The Florida Supreme Court has approved two versions of the form under Florida Family Law Rule of Procedure 12.285:
- Form 12.902(b) โ the Short Form Financial Affidavit
- Form 12.902(c) โ the Long Form Financial Affidavit
Both are sworn documents, meaning you sign them in front of a notary and are attesting that everything you've listed is true to the best of your knowledge. Filing a false Financial Affidavit is perjury.
Short Form vs. Long Form โ Which Do You Need?
The form you use depends on your gross income:
| Short Form (12.902(b)) | Long Form (12.902(c)) | |
|---|---|---|
| Income threshold | Gross income under $50,000/year | Gross income $50,000/year or more |
| Level of detail | Simpler, fewer line items | More detailed breakdown required |
| Who uses it | Lower-income parties | Higher-income parties |
The cutoff is gross income โ before taxes and deductions. If your gross annual income is $49,000, you use the short form. If it's $50,000 or more, you use the long form.
Using the wrong form is one of the most common mistakes. If you file the short form when your income requires the long form, the other party (or the court) can object, and you'll have to redo it.
What Information Do You Need to Gather?
Before you sit down to fill out the Financial Affidavit, gather documentation for each category. The more organized you are upfront, the fewer errors you'll make.
Monthly Gross Income (All Sources)
Include every source of income:
- Wages and salary (use your gross โ before taxes)
- Self-employment income (after business expenses)
- Rental income
- Business income
- Unemployment or disability benefits
- Child support or alimony you currently receive
- Overtime, bonuses, and commissions (average them over 12 months if they vary)
- Any other regular source of income
Tip: Use your most recent pay stubs and last year's tax return to calculate accurate monthly averages.
Monthly Expenses
List all monthly expenses, including:
- Housing (rent or mortgage payment)
- Utilities (electricity, water, internet, phone)
- Food and groceries
- Transportation (car payment, gas, insurance, maintenance)
- Childcare and school costs
- Health insurance premiums
- Out-of-pocket medical costs
- Clothing
- Entertainment and personal care
- Minimum debt payments (credit cards, student loans)
Be accurate โ not strategic. Courts scrutinize Financial Affidavits carefully, and both understating and overstating can hurt your credibility.
Assets
List all assets you own (or co-own), including:
- Bank accounts (checking and savings)
- Retirement accounts (401(k), IRA, pension)
- Investment accounts and stocks
- Real estate (primary home, investment properties)
- Vehicles
- Business interests
- Cash value of life insurance
Liabilities
List all debts:
- Mortgage balance(s)
- Car loan balances
- Credit card balances
- Student loans
- Personal loans
- Any other outstanding debt
Common Mistakes on the Florida Financial Affidavit
These are the errors that most commonly cause problems โ either with the court, the other party, or during a hearing:
1. Using the wrong form (short vs. long) As noted above: your gross income determines which form you use. Double-check before filling anything out.
2. Forgetting income sources Overtime and bonuses are income. A part-time job is income. Rental income is income. Self-employment side work is income. Florida courts expect a complete picture โ if the other party discovers an omitted income source, it damages your credibility significantly.
3. Understating or overstating expenses Some people inflate expenses hoping it will help their case. Others rush through and understate them. Neither helps you. The affidavit needs to reflect your actual monthly financial reality.
4. Not getting it notarized The Financial Affidavit is a sworn document. It must be signed in front of a notary public โ not just signed and filed. Filing an unnotarized Financial Affidavit will likely result in the court rejecting it or the other side objecting.
5. Missing the Mandatory Disclosure deadline The Financial Affidavit is part of Florida's mandatory financial disclosure requirements. Both parties must exchange their Financial Affidavits within 45 days of the petition being served. Missing this deadline can result in sanctions and will slow down your case.
When Is the Financial Affidavit Due?
Under Florida Family Law Rule 12.285, the Financial Affidavit must be served as part of Mandatory Disclosures โ a standard set of financial documents both parties are required to exchange early in the case.
Key deadlines:
- 45 days after the petition is served on the other party, both parties must exchange Mandatory Disclosures (including the Financial Affidavit)
- Both the petitioner (the person who filed) and the respondent (the person who was served) are required to comply
- Failure to comply can result in sanctions, including the court striking your pleadings or awarding attorney's fees to the other party
The Mandatory Disclosure package typically includes the Financial Affidavit plus supporting documents: tax returns, pay stubs, bank statements, and documentation of other income sources.
How to Get Help Preparing Your Financial Affidavit
The Financial Affidavit isn't complicated in concept, but it's easy to make mistakes โ especially if your income varies, you're self-employed, or you have a lot of assets and debts to document.
Pro Se Document Preparation prepares Financial Affidavits based on the information you provide. You give us your income, expense, asset, and liability figures; we prepare the correct form, formatted properly and ready to sign in front of a notary.
- Notarization is available as an add-on if needed
- Court filing fees are separate โ paid by you directly to the clerk's office
- Since the Financial Affidavit is part of Mandatory Disclosures, you may also want help preparing the full disclosure package
๐ Financial Affidavit โ Short Form ($65) โ for parties with gross income under $50,000/year (Form 12.902(b))
๐ Financial Affidavit โ Long Form ($85) โ for parties with gross income of $50,000/year or more (Form 12.902(c))
๐ Mandatory Disclosures Preparation ($85) โ the complete Mandatory Disclosure package, including supporting documentation organization and the Financial Affidavit. Since both are due at the same time, many clients order these together.
Pro Se Document Preparation is not a law firm and does not provide legal advice. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.