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Mandatory Disclosure List for Family Law Proceedings in Florida, Summaries of Family Law

The disclosure requirements for parties in any proceeding for initial or supplemental requests for permanent financial relief in florida family law, including child support, alimony, equitable distribution, or attorneys' fees. The list includes financial affidavits, tax returns, pay stubs, loan applications, financial statements, deeds, periodic statements, brokerage account statements, and insurance policies, among other documents.

What you will learn

  • What are the specific disclosure requirements for financial affidavits in Florida family law proceedings?

Typology: Summaries

2021/2022

Uploaded on 09/12/2022

kitriotak
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Manda tor y D isclosu re List (2021)
Parties' Disclosure Requirements for Initial or Supplemental Proceedings. --A party must serve
the following documents in any proceeding for an initial or supplemental request for permanent
financial relief, including, but not limited to, a request for child support, alimony, equitable
distribution of assets or debts, or attorneys' fees, suit money, or costs:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure
Form 12.902 (b) if the party's gross annual income is less than $ 50,000, or Florida Family
Law Rules of Procedure Form 12.902 (c) if the party's gross annual income is equal to or
more than $ 50,000, which requirement cannot be waived by the parties. The financial
affidavits must also be filed with the court. A party may request, by using the Standard
Family Law Interrogatories, or the court on its own motion may order, a party whose gross
annual income is less than $ 50,000 to complete Florida Family Law Rules of Procedure
Form 12.902 (c). All documents supporting the income, assets, and liabilities figures entered
into the financial affidavit must also be produced.
(2) All complete federal and state personal income tax returns, gift tax returns, and foreign tax
returns filed by the party or on the party's behalf for the past 3 years, including all
attachments, including Forms W-2, 1099, K-1, and all accompany schedules and worksheets
comprising the entire tax return. A party may file a transcript of the tax return as provided
by Internal Revenue Service Form 4506T in lieu of his or her individual federal income tax
return for purposes of a temporary hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not
been prepared. If income tax returns have not been filed for any of the prior 2 years beyond
the past year, then IRS forms W-2, 1099, and K-1 for those prior 2 years as well.
(4) Pay stubs or other evidence of earned income for the 6 months before compliance with these
disclosure requirements for initial or supplemental proceedings.
(5) A statement by the producing party identifying the amount and source of all income received
from any source during the 6 months preceding the compliance with these disclosure
requirements for initial or supplemental proceedings if not reflected on the pay stubs
produced.
(6) All loan applications, financial statements, credit reports, or any other form of financial
disclosure, including financial aid forms, prepared or used within the 24 months preceding
compliance with these disclosure requirements for initial or supplemental proceedings,
whether for the purpose of obtaining or attempting to obtain credit or for any other purpose.
(7) All deeds evidencing any ownership interest in property held at any time during the last 3
years, all promissory notes or other documents evidencing money owed to either party at any
time within the last 24 months, and all leases, whether held in the party's name individually,
in the party's name jointly with any other person or entity, in the party's name as trustee or
guardian for a party or a minor or adult dependent child of both parties, or in someone else's
name on the party's behalf wherein either the party:
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Mandatory Disclosure List (2021)

Parties' Disclosure Requirements for Initial or Supplemental Proceedings. --A party must serve the following documents in any proceeding for an initial or supplemental request for permanent financial relief, including, but not limited to, a request for child support, alimony, equitable distribution of assets or debts, or attorneys' fees, suit money, or costs:

(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902 (b) if the party's gross annual income is less than $ 50,000, or Florida Family Law Rules of Procedure Form 12.902 (c) if the party's gross annual income is equal to or more than $ 50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $ 50,000 to complete Florida Family Law Rules of Procedure Form 12.902 (c). All documents supporting the income, assets, and liabilities figures entered into the financial affidavit must also be produced.

(2) All complete federal and state personal income tax returns, gift tax returns, and foreign tax returns filed by the party or on the party's behalf for the past 3 years, including all attachments, including Forms W-2, 1099, K-1, and all accompany schedules and worksheets comprising the entire tax return. A party may file a transcript of the tax return as provided by Internal Revenue Service Form 4506T in lieu of his or her individual federal income tax return for purposes of a temporary hearing.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. If income tax returns have not been filed for any of the prior 2 years beyond the past year, then IRS forms W-2, 1099, and K-1 for those prior 2 years as well.

(4) Pay stubs or other evidence of earned income for the 6 months before compliance with these disclosure requirements for initial or supplemental proceedings.

(5) A statement by the producing party identifying the amount and source of all income received from any source during the 6 months preceding the compliance with these disclosure requirements for initial or supplemental proceedings if not reflected on the pay stubs produced.

(6) All loan applications, financial statements, credit reports, or any other form of financial disclosure, including financial aid forms, prepared or used within the 24 months preceding compliance with these disclosure requirements for initial or supplemental proceedings, whether for the purpose of obtaining or attempting to obtain credit or for any other purpose.

(7) All deeds evidencing any ownership interest in property held at any time during the last 3 years, all promissory notes or other documents evidencing money owed to either party at any time within the last 24 months, and all leases, whether held in the party's name individually, in the party's name jointly with any other person or entity, in the party's name as trustee or guardian for a party or a minor or adult dependent child of both parties, or in someone else's name on the party's behalf wherein either the party:

(A) is receiving or has received payments at any time within the last 3 years for leased real or personal property, or (B) owns or owned an interest.

(8) All periodic statements from the last 12 months for all checking accounts, and for all other accounts (for example, savings accounts, money market funds, certificates of deposit, etc.), regardless of whether or not the account has been closed, including those held in the party's name individually, in the party's name jointly with any other person or entity, in the party's name as trustee or guardian for a party or a minor or adult dependent child of both parties, or in someone else's name on the party's behalf. For all accounts that have check-writing privileges, copies of canceled checks and registers, whether written or electronically maintained, shall also be produced, so that the payee and purpose of each individual instrument can be ascertained.

(9) All brokerage account statements in which either party to this action held within the last 12 months or holds an interest including those held in the party's name individually, in the party's name jointly with any person or entity, in the party's name as trustee or guardian for a party or a minor or adult dependent child of both parties, or in someone else's name on the party's behalf. For all accounts that have check-writing privileges, copies of canceled checks and registers, whether written or electronically maintained, shall also be produced, so that the payee and purpose of each individual instrument can be ascertained.

(10) The most recent statement and statements for the past 12 months for any profit sharing, retirement, deferred compensation, or pension plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the party is a participant or an alternate payee receiving payments and the summary plan description for any retirement, profit sharing, or pension plan in which the party is a participant or an alternate payee receiving payments. (The summary plan description must be furnished to the party on request by the plan administrator as required by 29 U.S.C. § 1024(b)(4) .)

(11) The most recent statement and statements for the past 12 months for any virtual currency transactions in which either party to this action participated within the last 12 months or holds an interest, including those held in the party's name individually, in the party's name jointly with any person or entity, in the party's name as trustee or guardian for a party or a minor or adult dependent child of both parties, or in someone else's name on the party's behalf. Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and/or a store of value. A listing of all current holdings of virtual currency shall also be disclosed.

(12) The declarations page, the last periodic statement, statements for the past 12 months, and the certificate for all life insurance policies insuring the party's life or the life of the party's spouse, whether group insurance or otherwise, and all current health and dental insurance cards covering either of the parties and/or their dependent children.

(13) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an ownership or interest in a corporation, partnership, or trust.