INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM , CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE (01/12)

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Transcription:

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.932, CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE When should this form be used? Mandatory disclosure requires each party in a case to provide the other mail or hand delivery to the other party within 45 days of service of marriage respondent. The mandatory disclosure rule applies to all original and supplemental age cases and cases where the respondent is served by other party that you have complied with the mandatory disclosure rule. Each party must provide the other proceeding. ONLY THE ORIGINAL OF THE COMPLETED FORM IS FILED WITH THE COURT. EXCEPT FOR THE FINANCIAL AFFIDAVIT AND CHILD SUPPORT GUIDELINES WORKSHEET, NO DOCUMENTS SHALL BE FILED IN THE COURT FILE WITHOUT A PRIOR COURT ORDER. THE DOCUMENTS LISTED ON THE FORM ARE TO BE GIVEN TO THE OTHER PARTY. If your individual gross annual income is under $50,000, you should complete the Family Law Financial Affidavit (Short Form), Florida Family Law Rules of Procedure Form 12.902(b). If your individual gross annual income is $50,000 or more, you should complete the Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(c). temporary financial hearings financial relief must serve these do financial hearing. The responding party must either deliver the required documents to the party seeking temporary relief on or before 5:00 p.m., 2 business days before the hearing on temporary relief, or mail (postmark) them to the other party seeking temporary relief 7 days before the hearing on temporary financial relief. Any documents that have already been served ved again mandatory disclosure requirements begin again. file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. A copy of this form must be mailed or hand delivered to any other party in your case. What should I do next? with Mandatory Disclosure - 20 -

us ons regarding the in your case Where can I look for more information? the beginning of these forms. Procedure. - You may provide copies of required documents; however, the originals must be produced for Although the financial affidavits are based on individual gross income, either party may ask the other party to complete the Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(c), by serving the appropriate interrogatory form. (See Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(b) (original proceedings) or (c) judge or agreement of t spouse may agree that you will not require each other to not apply to the Financial Affidavit, Family Law Rules of Procedure Form 12.902(b) or (c), which is required in all cases and cannot be waived. these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must last page of every form he or she helps you complete. with Mandatory Disclosure - 21 -

IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division:, and, Respondent. CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE ONLY THE ORIGINAL OF THIS COMPLETED FORM IS FILED WITH THE COURT. EXCEPT FOR THE FINANCIAL AFFIDAVIT AND CHILD SUPPORT GUIDELINES WORKSHEET, NO DOCUMENTS SHALL BE FILED IN THE COURT FILE WITHOUT A PRIOR COURT ORDER. THE DOCUMENTS LISTED BELOW ARE TO BE GIVEN TO THE OTHER PARTY. I, {full legal name} have complied with the mandatory disclosure required by Florida Family Law Rule 12.285 as follows: 1. FOR TEMPORARY FINANCIAL RELIEF, ONLY: The date the following documents were served:. [Check all that apply] a. Financial Affidavit ( ) Florida Family Law Rules of Procedure Form 12.902(b) (short form) ( ) Florida Family Law Rules of Procedure Form 12.902(c) (long form) b. returns for the preceding year; or ( ) Transcript of tax return as provided by IRS form 4506-T; or ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared. c. Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit. 2. FOR INITIAL, SUPPLEMENTAL, AND PERMANENT FINANCIAL RELIEF: The date the following documents were served:. [Check all that apply] - 22 -

a. Financial Affidavit ( ) Florida Family Law Rules of Procedure Form 12.902(b) (short form) ( ) Florida Family Law Rules of Procedure Form 12.902(c) (long form) b. intangible personal property tax returns for the preceding 3 years; ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared. c. Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit. d. before the service of the financial affidavit, if not reflected on the pay stubs produced. e. pared for any purpose or used for any purpose within the 12 months preceding the service of the financial affidavit. f. All deeds to real estate in which I presently own or owned an interest within the past 3 years. All promissory notes in which I presently own or owned an interest within the last 12 months. All present leases in which I own an interest. g. All periodic statements for the last 3 months for all checking accounts and for the es of deposit, etc. h. All brokerage account statements for the last 12 months. i. desc j. insurance for all life insurance policies insuring my life or the life of me or my spouse. k. All health and dental insurance cards covering either me or my spouse and/or our dependent child(ren). l. Corporate, partnership, and trust tax returns for the last 3 tax years, in which I have an ownership or interest greater than or equal to 30%. m. All credit card and charge account statements and other records showing my (our) n. o. promissory notes on which I presently owe or owned within the past year. All lease agreements I presently owe. p. All status of an asset or debt. q. upport (alimony) or child support. one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date}. - 23 -

I understand that I am swearing or affirming under oath to the accuracy of my compliance with the mandatory disclosure requirements of Fla. Fam. L. R. P. 12.285 and that, unless otherwise indicated with specificity, this disclosure is complete. I further understand that the punishment for knowingly making a false statement or incomplete disclosure includes fines and/or imprisonment. Name: Address: City, State, Zip: Fax Number: Dated: STATE OF FLORIDA COUNTY OF Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: Sworn to or affirmed and signed before me on by. NOTARY PUBLIC or DEPUTY CLERK Personally known [Print, type, or stamp commissioned name of notary or clerk.] IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer}, a nonlawyer, located at {street}, {city}, {state}, {phone}, helped {name}, who is the [Check one only] _ or _ respondent, fill out this form. - 24 -