In every divorce case in the State of Florida, you will fill out what is called a financial affidavit. This document will list all income, expenses, assets, and liabilities that you have, and your spouse will need to fill one out as well. See FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) and FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM). The form you fill out will depend on your income.
Your financial affidavit is one of the most important pieces of a divorce. It will be used throughout the divorce proceedings to determine a number of items, including alimony, child support, attorney’s fees, and others. The Florida courts need to be in the best position to understand each party’s monthly income after all expenses and liabilities are taken into account in order to determine the calculations for alimony, child support, attorney’s fees, etc. The affidavit will be sworn to, meaning your signature will be required attesting that all information is true, so filling it out completely and honestly is required.
The first part of your financial affidavit requires you to input your present monthly gross income. To complete this, you will need your paystubs, tax returns, or any other document that you use to determine your income. This will include not only your salary or wages but also any alimony you receive from the present case or a previous one, disability benefits, business income, bonuses, tips, etc. You will then input your monthly deductions. These include your income tax, alimony paid, self-employment taxes, health insurance, child support, etc. To complete this required information, you will likely need your paystubs, insurance benefit documents, or any other document that outlines the payments you make monthly such as the ones listed above.
You will then need to outline your monthly expenses. The information needed to fill this section out will likely include your credit card or checking account statements to come to a number of how much you spend monthly on items such as food, clothing, gasoline, telephone, utilities, grooming, pets, etc. If you are a renter, you will need your lease agreement to see what you pay monthly or your mortgage statement if you own your property. It is important to remember that these numbers do not need to be exact, an estimate is okay, but it must be noted as such.You lastly will outline your assets and liabilities. Your credit card statements, investment account statements, mortgage statements, etc. will be useful in filling out this information.
As everyone knows, the divorce process is very intricate and can be drawn out. One of those factors is the discovery process as it can be very tedious. That is why it is important to know what you need to collect, how you need to collect it, and what you need to do with each document. Creating a list of your bank accounts, insurances, expenses, assets, and liabilities will help you go through this process easier and quicker. See Certificate of Compliance with Mandatory Disclosure.
If you or someone you know is seeking advice on divorce or child custody matters, you can speak with one of our family law attorneys at the Yaffa Family Law Group at 561-276-3880 or visit our website at www.yaffafamilylawgroup.com to schedule your confidential complimentary consultation.