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Understanding Notice Florida

  1. When should I use the Notice Florida form?

    This form is essential in family law cases that require a financial affidavit. Specifically, it is necessary if your individual gross income is $50,000 or more per year. However, there are exceptions. You do not need to use this form if you are filing for a simplified dissolution of marriage and both parties have waived the need for financial affidavits. Additionally, if there are no minor children, no support issues, and you have filed a written settlement agreement that resolves all financial matters, this form is not required. Lastly, if the court does not have jurisdiction to address any financial issues, you may also skip this form.

  2. What steps should I take after completing the form?

    Once you have filled out the Notice Florida form, you must sign it and file it with the clerk of the circuit court in the county where your petition was filed. It is crucial to keep a copy for your records. Additionally, you must serve a copy of this form to the other party within 45 days of being served with the petition, unless it was served alongside your initial papers. This service can be done by mail, email, or hand delivery, and must comply with the Florida Rule of General Practice and Judicial Administration 2.516.

  3. Where can I find more information about the Notice Florida form?

    For additional guidance, it is advisable to read the “General Information for Self-Represented Litigants” provided at the beginning of the forms. This document contains definitions and essential information that can help you navigate the process. You can also refer to Florida Family Law Rule of Procedure 12.285 for further details.

  4. What is the importance of e-filing and e-service?

    The Florida Rules of General Practice and Judicial Administration require that most documents, including petitions and pleadings, be filed electronically. While self-represented litigants are allowed to file documents electronically, it is not mandatory. If you choose to e-file, ensure that you follow the specific rules set forth in Florida Rule 2.525. Regarding e-service, after the initial service of the petition, all documents must be served electronically unless specified otherwise. Compliance with the format requirements in Florida Rule 2.516 is essential.

  5. What should I do if I need to keep my address confidential?

    If you have been determined by a judge to be a victim of certain crimes, such as sexual battery or domestic violence, you should not include your address on the form. Instead, you must file a Request for Confidential Filing of Address using Florida Supreme Court Approved Family Law Form 12.980(h). This step is crucial to protect your privacy and safety.

  6. How do I convert income and expenses if they are not monthly?

    If your income or expenses are not on a monthly schedule, you will need to convert those amounts to a monthly basis. The form provides specific calculations based on how you are paid—whether hourly, daily, weekly, bi-weekly, or semi-monthly. For instance, if you are paid hourly, multiply your hourly rate by the number of hours you work each week, then convert that annual figure to a monthly amount. Follow similar steps for any expenses that do not occur monthly.

Common mistakes

  1. Not using the correct form: Some people mistakenly use a different form instead of the Family Law Financial Affidavit (Long Form) when it is required.

  2. Missing income details: Failing to report all sources of income can lead to incomplete information. It's important to include everything, even if it seems minor.

  3. Incorrect income calculations: Many individuals struggle with converting their income to a monthly basis. Always double-check your math to ensure accuracy.

  4. Not signing the form: Forgetting to sign the affidavit can delay the process. Always remember to sign before submitting.

  5. Not serving the other party: Some people fail to serve a copy of the form to the other party within the required 45 days. Timeliness is key.

  6. Ignoring e-filing rules: Not following the electronic filing requirements can cause issues. Make sure you understand the rules if you choose to e-file.

  7. Inaccurate deductions: Listing incorrect deductions can misrepresent your financial situation. Verify your deductions before submission.

  8. Not keeping a copy: Failing to keep a copy of the submitted form for personal records can lead to confusion later.

  9. Overlooking confidentiality: If you have a court order for confidentiality, do not include your address on the form. Follow the proper procedure instead.

  10. Not seeking help when needed: Some individuals try to fill out the form without assistance, even when they could benefit from guidance. Don't hesitate to seek help if you're unsure.

How to Use Notice Florida

Completing the Notice Florida form is an important step in your family law case. After filling out the form, you will need to file it with the court and serve a copy to the other party involved. This ensures that everyone is aware of the financial information being presented.

  1. Obtain the Notice Florida form, which is Form 12.902(c), Family Law Financial Affidavit (Long Form).
  2. Fill in your full legal name at the top of the form.
  3. Provide your age and occupation in the designated sections.
  4. Indicate your current employment status by checking the appropriate box: unemployed, employed, or retired.
  5. If employed, include the name and address of your employer, your pay rate, and the frequency of your pay (weekly, bi-weekly, etc.).
  6. List your last year’s gross income and the other party’s income, if known.
  7. Complete the section for your present monthly gross income, ensuring all amounts are converted to monthly figures.
  8. Fill in the present monthly deductions, including taxes and any other deductions.
  9. Sign the form after reviewing all information for accuracy.
  10. Make a copy of the completed form for your records.
  11. File the form with the clerk of the circuit court in the county where the petition was filed.
  12. Serve a copy of the form to the other party within 45 days, either by mail, email, or hand delivery.

After submitting the form and serving the other party, it is important to keep track of any deadlines related to your case. Make sure to follow up as needed and stay informed about the next steps in the legal process.

File Specs

Fact Name Details
Purpose This form is used in family law cases requiring a financial affidavit for individuals with a gross income of $50,000 or more per year.
Exemptions Exemptions include simplified dissolution of marriage, cases without minor children or support issues, and lack of court jurisdiction on financial matters.
Filing Instructions After completion, the form must be signed and filed with the circuit court clerk in the relevant county. A copy should be kept for personal records.
Service Requirement A copy of the form must be served to the other party within 45 days of being served with the petition.
Electronic Filing Electronic filing is now required for most documents, except in certain situations. Self-represented litigants may choose to file electronically.
Electronic Service Documents must be served electronically via email after the initial service of process, unless exceptions apply.
Confidentiality If a person is a victim of specific crimes, they may keep their address confidential by filing a separate request.
Income Calculation The affidavit requires monthly income and expenses. Various methods are provided for converting income from different payment schedules to a monthly amount.
Nonlawyer Assistance Nonlawyers assisting with the form must provide a disclosure and include their contact information on the last page of the form.