How to Fill Out Florida Form 12.902(b) (w/Examples) + FAQs

Florida Family Law Rules of Procedure Form 12.902(b) is the Family Law Financial Affidavit (Short Form) that you must complete and sign under penalty of perjury when your individual gross income is less than $50,000 per year and you are involved in a divorce, paternity, child support, or other family law case. You fill it out by listing your monthly income, mandatory deductions, monthly expenses, assets, and liabilities, then signing it before a notary or court clerk and filing it with the court within 45 days of service of the initial petition under Florida Family Law Rule 12.285.

Roughly 70% of Florida family law litigants represent themselves, according to data published by the Florida Courts Self-Help Center, which makes a clean, accurate financial affidavit one of the single most important documents you will ever sign in your case. A defective affidavit can stall your divorce, expose you to sanctions, and even undo a final judgment.

• 📄 How to complete every line of Florida Form 12.902(b) without guesswork
• 💵 How to calculate your gross monthly income, allowable deductions, and true net number
• 🏠 How to list assets, liabilities, and household expenses the way judges expect
• ⚖️ How the affidavit interacts with Florida Statute § 61.30 child support guidelines and alimony decisions
• 🚫 The most common mistakes that trigger contempt, perjury exposure, or a judge ordering you to redo the form

What Form 12.902(b) Actually Is

Florida Family Law Form 12.902(b) is the short-form financial affidavit approved by the Florida Supreme Court and required in nearly every contested family case. It is a sworn statement, which means you sign it under oath. Lying on it is a third-degree felony under Florida Statute § 837.02, punishable by up to five years in prison.

The form has a sister document, Form 12.902(c), called the Long Form, which you must use if your gross income is $50,000 or more per year. A judge can also force you to switch from the short form to the long form if your case is complex, even when your income is below the threshold, under the discretion granted by Florida Family Law Rule 12.285(d).

Why the $50,000 Income Threshold Matters

The $50,000 line is a gross number, not net. Gross means total earnings before any taxes, insurance, or retirement deductions. If you earn $48,000 in W-2 wages but also receive a $5,000 yearly bonus, you are over the threshold and must use the long form.

The consequence of using the wrong form is real. Judges in Miami-Dade, Hillsborough, and Orange County routinely strike affidavits filed on the wrong form, which delays your final hearing by weeks or months. A common misconception is that you can pick whichever form is shorter to save time. You cannot. The form is dictated by your income, not your preference, as confirmed in published guidance from the Florida Bar Family Law Section.

Cases That Require Form 12.902(b)

You must file this affidavit in dissolution of marriage cases, paternity actions under Chapter 742, child support establishment, child support modification, and most post-judgment enforcement matters. Even an uncontested divorce with no children and no assets often requires it, unless both spouses qualify for and use the simplified dissolution procedure under Rule 12.105.

The consequence of skipping it is severe. A judge can refuse to sign your final judgment, hold you in contempt, or strike your pleadings entirely. A real-world example involves Tarnawski v. Tarnawski, where the appellate court reversed a support ruling because the trial judge relied on an incomplete financial picture, a recurring theme in opinions catalogued by the Florida District Courts of Appeal.

Step-by-Step: Filling Out Each Section

The form is broken into clear sections. Take them one at a time. Use a calculator. Use your last three pay stubs, your most recent tax return, and your last two months of bank statements as your source documents.

Section I: Caption and Basic Information

At the top of the form you list the circuit court, the county, the case number, and your division. You also list the petitioner and respondent. Get this right, because a wrong case number can cause the clerk to reject the filing entirely under local rules published by the Florida Clerks of Court.

The consequence of a typo here is more than annoying. The clerk may stamp it as filed in the wrong case, and your opposing party may never receive notice. A common misconception is that the case style does not matter on a financial form. It absolutely does, because the affidavit becomes part of the official court file under Rule 12.080.

Section II: Employment Information

You list your employer, occupation, pay rate, and how often you are paid. If you are self-employed, you describe your business. If you are unemployed, you state how long and what you are doing to find work, which is critical because Florida Statute § 61.30(2)(b) allows a judge to impute income to you based on your earning ability, not just what you actually make.

The consequence of being vague is that the judge can attribute a much higher income to you. For example, David, a 38-year-old former IT manager in Tampa, claimed unemployment but failed to document his job search. The judge imputed $65,000 per year to him, dramatically raising his child support obligation. A common misconception is that you can lower support simply by quitting your job. You cannot, because voluntary unemployment triggers imputation under appellate rulings such as those summarized by the Second District Court of Appeal.

Section III: Gross Monthly Income

This is the heart of the form. You list every source of income you receive in a typical month. Include wages, salary, tips, bonuses, overtime, commissions, business income, disability, social security, pension, rental income, dividends, interest, trust income, annuities, alimony received, and any other recurring income.

Convert everything to a monthly figure. If you are paid weekly, multiply your gross weekly pay by 4.333 to get a monthly average, not by 4. If you are paid every two weeks, multiply by 2.1667. The IRS publishes a similar conversion methodology used widely by family courts, available through the IRS Publication 15-T.

Example: Gross Income Calculation

Maria, a registered nurse in Jacksonville, earns $20.50 per hour and works 40 hours per week. Her gross weekly pay is $820. Her monthly gross is $820 × 4.333 = $3,553.06. She also picks up overtime averaging $300 per month and receives a $1,200 annual bonus, which divides to $100 per month. Her total Section III gross monthly income is $3,953.06.

The consequence of underreporting income is severe. A judge can find you in contempt, set aside the final judgment under Rule 12.540, and order you to pay your spouse’s attorney fees. A common misconception is that cash tips do not count. They do, because the affidavit asks for all income from any source, as reinforced in Robbie v. Robbie and similar cases tracked by the Florida Supreme Court Opinions database.

Section IV: Monthly Deductions

You list only the deductions allowed by Florida Statute § 61.30(3). These include federal income tax, FICA (Social Security and Medicare), mandatory union dues, mandatory retirement contributions, health insurance premiums for yourself, court-ordered child support for other children, and court-ordered alimony actually paid.

You do not deduct voluntary 401(k) contributions beyond what your employer mandates. You do not deduct car payments here. You do not deduct rent. Many self-represented filers get this section wrong because they treat it like a household budget, when it is really a tax and statutory deduction list.

Example: Deductions

David, our Tampa filer, has $250 in federal tax, $180 in FICA, $90 in mandatory health insurance for himself, and $0 in court-ordered support for other children. His total monthly deductions are $520. His net monthly income is gross minus deductions, which determines his guideline child support number under the Florida Child Support Guidelines Worksheet, Form 12.902(e).

The consequence of inflating deductions is that the opposing party will challenge them, and the judge will recompute your net income upward, often increasing your support obligation. A common misconception is that you can deduct your full 401(k) contribution. You cannot, because only mandatory retirement deductions count under the statute.

Section V: Monthly Expenses

This is where you list your real-world household budget. Include rent or mortgage, real estate taxes, homeowners insurance, electricity, water, gas, garbage, telephone, internet, cable, food, household supplies, dry cleaning, auto payments, gas, auto insurance, auto maintenance, public transportation, child care, school expenses, clothing, medical and dental costs not covered by insurance, life insurance, and any other recurring monthly expenses.

Be honest and reasonable. Judges and opposing attorneys read these line items closely. If your expenses exceed your income by a wide margin every month, the court will ask how you actually survive, and your credibility takes a hit. The Florida Bar Consumer Pamphlet on Divorce in Florida warns specifically about inflating expenses.

Example: Expenses

Latoya, a single mother in Orlando, lists $1,200 rent, $180 electricity, $60 water, $400 food, $300 child care, $150 auto insurance, $200 gas for her car, $90 phone, and $80 internet. Her total monthly expenses are $2,660, which roughly matches her net income. That balanced picture builds trust with the court.

The consequence of padding expenses is a credibility hit that follows you through every hearing. Opposing counsel will use your inflated numbers to impeach you on the witness stand. A common misconception is that listing high expenses helps you get more alimony. It often does the opposite, because exaggeration is easy to spot and judges are trained to detect it, as discussed in continuing legal education materials offered by the Florida Bar CLE catalog.

Section VI: Assets and Liabilities

You list every asset you own, even partial interests, including cash, bank accounts, stocks, bonds, real estate, vehicles, jewelry, furniture, retirement accounts, and business interests. You list every debt you owe, including mortgages, car loans, credit cards, student loans, medical debts, and personal loans.

Mark each item as (H) for husband, (W) for wife, or (J) for joint. Use fair market value for assets, not purchase price. Use the current balance for debts, not the original loan amount. The Florida Department of Revenue provides property assessment tools that can help you value real estate.

The consequence of hiding assets is catastrophic. Under Macar v. Macar, the Florida Supreme Court has affirmed that a final judgment can be reopened when one party hides assets, with full opinions available through the Florida Supreme Court Opinions database. A common misconception is that retirement accounts are off-limits in divorce. They are marital property to the extent earned during the marriage and must be disclosed.

Three Common Real-World Scenarios

The form looks the same on every screen, but how you fill it out varies sharply by situation. The three tables below break down the most common fact patterns and the practical consequence of each filing choice.

Scenario 1: W-2 Employee With Steady Pay

Filing Choice	Practical Result
Reports gross wages from last 3 pay stubs averaged	Judge accepts numbers, support set quickly
Lists only base pay and omits overtime	Opposing party subpoenas employer, credibility damaged
Deducts only mandatory taxes and health premium	Net income calculated correctly, no recomputation
Deducts voluntary 401(k) above match	Judge strikes deduction, support obligation rises
Lists balanced expenses matching net income	Court trusts the affidavit, alimony argument strengthened

Scenario 2: Self-Employed Gig Worker

Filing Choice	Practical Result
Attaches last 2 years of Schedule C and 1099s	Judge has clean basis to compute average income
Reports only deposits, ignores cash	Opposing counsel demands forensic accountant, fees explode
Deducts ordinary business expenses per IRS rules	Net business income flows correctly to support guidelines
Deducts personal expenses as business costs	Judge adds those amounts back, imputes higher income
Lists business assets like equipment and inventory	Equitable distribution is fair and final

Scenario 3: Unemployed or Underemployed Parent

Filing Choice	Practical Result
Documents active job search with applications log	Judge accepts current $0 income for short-term support
Provides medical evidence for inability to work	Court considers disability and may not impute income
Claims unemployment with no documentation	Judge imputes prior salary, support set high
Hides side gig income from informal work	Risk of perjury charge under § 837.02 and contempt
Updates affidavit when new job starts	Avoids modification petition and back-support battle

Mistakes to Avoid

Filing 12.902(b) looks simple but quietly trips up thousands of Floridians every year. The list below pulls together the seven most damaging errors, each tied to its real-world consequence.

• Mistake 1: Using the wrong form. Filing the short form when your gross income is $50,000 or more leads the judge to strike the affidavit. Always check your gross annual income before choosing the form, using guidance from the Florida Courts Family Law Forms portal.
• Mistake 2: Reporting net pay instead of gross. Section III asks for gross income. Reporting the smaller take-home number understates your earnings and triggers a recomputation that can also damage your credibility on every other line.
• Mistake 3: Forgetting bonuses, tips, or side income. The affidavit asks for all sources. Leaving out a $200 monthly side hustle is still concealment, and opposing counsel will find it through bank subpoenas served under Rule 12.351.
• Mistake 4: Inflating monthly expenses. Padding rent, food, or child-related costs feels protective but undermines you. Judges and mediators compare your numbers against averages published by the U.S. Bureau of Labor Statistics Consumer Expenditure Survey.
• Mistake 5: Missing the 45-day deadline. Rule 12.285 requires service within 45 days of the initial pleading. Late filing leads to motions to compel, sanctions, and attorney-fee awards against you.
• Mistake 6: Failing to update the affidavit. If your income, employment, or expenses change before your final hearing, you must file an amended affidavit. Stale numbers result in retroactive support recalculations.
• Mistake 7: Not signing before a notary. An unsworn affidavit is legally void. The clerk will reject it, and any hearing relying on it can be vacated under Florida Statute § 92.525.

Do’s and Don’ts

A short, clear list keeps you out of trouble. Each item below has a why attached so you understand the reasoning, not just the rule.

• Do attach your last 3 pay stubs, last 2 tax returns, and last 2 months of bank statements, because these are required by Rule 12.285 anyway and prevent objections later.
• Do convert all numbers to a monthly figure using 4.333 weeks per month, because using 4 weeks understates income by roughly 8% and is easy for opposing counsel to expose.
• Do sign before a notary or deputy clerk, because an unsworn affidavit cannot support a child support order under Statute § 92.525.
• Do file an amended affidavit when anything material changes, because stale numbers create grounds for modification petitions.
• Do keep a copy of every supporting document, because the judge can ask for proof of any line at the final hearing.
• Don’t guess at numbers when documentation exists, because guesses become misrepresentations the moment you sign.
• Don’t deduct voluntary retirement contributions above any employer-mandated minimum, because Statute § 61.30(3) does not allow it.
• Don’t mix marital and non-marital assets without labeling, because mislabeling leads the judge to divide property the wrong way.
• Don’t omit retirement accounts or life insurance cash value, because hidden assets can reopen a final judgment under Macar v. Macar.
• Don’t rely on the form alone, because the Florida Courts Self-Help Center and your local family law clerk can flag local procedural quirks.

Pros and Cons of the Short Form

The short form is shorter, but shorter is not always better. The list below balances the trade-offs you face when you qualify for 12.902(b).

• Pro: Faster to complete, often in 60 to 90 minutes versus 2 to 4 hours for the long form, which matters when you are pro se and balancing work and child care.
• Pro: Fewer asset and liability subcategories, which reduces the chance of a clerical error that opposing counsel can weaponize.
• Pro: Available in plain-language format through the Florida Courts Self-Help portal, which lowers the barrier for self-represented litigants.
• Pro: Same legal weight as the long form for incomes under $50,000, meaning a judge cannot penalize you for using it correctly.
• Pro: Easier to amend, because there are fewer fields to recompute when your circumstances change.
• Con: Less detailed asset disclosure, which can hurt you when you need to prove non-marital property.
• Con: Judges can require the long form anyway in complex cases under Rule 12.285(d), forcing you to redo your work.
• Con: Limited space for income variability, which is a real problem for gig workers, tipped employees, and seasonal workers.
• Con: Easier to underreport accidentally, because fewer prompts means fewer reminders to disclose unusual income.
• Con: Not appropriate for high-asset cases, even when income is low, because the form lacks fields for trusts, partnerships, and complex investments.

Federal Law First, Then Florida Nuances

Federal law sets a baseline that every Florida family case must respect. The Internal Revenue Code defines what counts as income for federal tax purposes, and Florida courts borrow heavily from those definitions when computing gross income on Section III. The federal Servicemembers Civil Relief Act can also pause family law deadlines for active-duty military members, which directly affects when you must file the affidavit.

Florida then layers its own rules on top. Statute § 61.30 controls child support guidelines and dictates which deductions you can take in Section IV. Statute § 61.08 governs alimony and uses the affidavit as the primary evidence of need and ability to pay. Rule 12.285 requires mandatory disclosure beyond the affidavit itself, including pay stubs, tax returns, deeds, and account statements.

The consequence of ignoring the federal-state interplay is that you may comply with one and not the other. For example, Maria, our Jacksonville nurse, counted her federal tax refund as a one-time event and left it off her affidavit. The judge added it back as income, because Florida courts often annualize tax refunds when they reflect over-withholding from regular wages. A common misconception is that tax refunds are not income because they are your own money returned to you. They are still treated as part of your earnings stream for support purposes.

Key Court Rulings to Know

Florida appellate decisions shape how judges read every line of 12.902(b). Robbie v. Robbie established that a spouse who hides income through a closely held business risks having the entire support order set aside. Tarnawski v. Tarnawski confirmed that an incomplete affidavit cannot support a final judgment, requiring the trial court to redo the analysis with full disclosure. Macar v. Macar extended the principle to assets, ruling that fraudulent nondisclosure permits reopening even years after the divorce, with full opinions searchable through the Florida Supreme Court Opinions database.

The consequence of these cases is that the affidavit is not a routine paperwork hurdle. It is the single document most likely to come back and haunt you years later. Carlos, a small-business owner in Fort Lauderdale, learned this the hard way when his ex-wife reopened their 2019 divorce in 2023 after discovering an undisclosed brokerage account, and the court awarded her half plus attorney fees.

A common misconception is that once the divorce is final, the affidavit no longer matters. It still matters for years, because both fraud and mistake are grounds to reopen judgments under Rule 12.540, and the affidavit is the primary evidence of what was disclosed at the time.

Filing, Service, and Deadlines

You file the original 12.902(b) with the clerk in the county where your case is pending, and you serve a copy on the other party or their attorney. Service can be by hand, mail, or e-service through the Florida Courts E-Filing Portal. Filing fees vary by county but the affidavit itself does not carry a separate fee beyond the underlying case filing fee.

The 45-day deadline runs from the date of service of the initial pleading on the responding party. Missing it triggers the other side’s right to file a motion to compel under Rule 12.380, which can lead to attorney-fee awards and even contempt. The consequence of ignoring service entirely is dismissal of your pleadings or default against you.

A common misconception is that you do not need to file an affidavit if your spouse already filed one. You both must file separately, because the court needs each party’s individual financial picture to apply Statute § 61.30 properly.

FAQs

Do I have to file Form 12.902(b) if my divorce is uncontested?

Yes. Florida requires a financial affidavit in nearly every dissolution case, even uncontested ones, unless both spouses qualify for the simplified dissolution procedure with no children, no alimony, and full agreement.

Can I use the short form if I earn exactly $50,000 a year?

No. The short form is for incomes under $50,000 gross per year. At $50,000 or above, you must use Form 12.902(c), the long form, or risk having the affidavit struck.

Do I need a notary to sign Form 12.902(b)?

Yes. The affidavit must be signed before a notary public or deputy clerk under Florida Statute § 92.525, because an unsworn financial affidavit has no legal effect in court.

Can I amend the affidavit after I file it?

Yes. You may file an amended affidavit at any time before the final hearing, and you must update it whenever your income, expenses, or assets change materially.

Will the judge actually read my affidavit?

Yes. Judges read affidavits closely, especially in contested support and alimony cases, and they use the numbers directly in the child support guidelines worksheet, Form 12.902(e).

Do I need to attach pay stubs and tax returns?

Yes. Florida Family Law Rule 12.285 requires mandatory disclosure including pay stubs, tax returns, and bank statements alongside the affidavit, separate from the affidavit itself.

Can my spouse see my financial affidavit?

Yes. The affidavit is served on the other party as part of mandatory disclosure, and it becomes part of the public court file unless sealed by motion under Florida Rule 2.420.

Is lying on Form 12.902(b) a crime?

Yes. Knowingly making a false statement in the affidavit is perjury under Florida Statute § 837.02, a third-degree felony punishable by up to five years in prison.

Do I need a lawyer to fill out the form?

No. Many Floridians complete it pro se using the Florida Courts Self-Help Center, but a lawyer is strongly recommended in cases involving business income, hidden assets, or significant alimony.

Can a judge force me to use the long form even if I earn less than $50,000?

Yes. Under Florida Family Law Rule 12.285(d), a judge can order the long form whenever the case is complex, such as when self-employment or multiple income streams are involved.