Do I have to list assets/liabilities on financial affidavit form if it is being filled out for child support modification only?

Child Support / Modification 3 views 3 answers
The instructions on the Florida Family Law Financial Affidavit form 12.902 (b) state under the sections for A. Assets and B. Liabilities that I am to "List a description of each separate item owned by you and/or your spouse, if this is a petition for dissolution of marriage." Since this is a petition for child support modification, I take that to mean that I do not have to complete those sections. Is that correct? My divorce was finalized over four years ago. How am I to know what assets my ex-husband has? Why do I have to tell him of all the assets I currently have? Especially since neither of which are used on the child support guidelines worksheet in our state. Please just tell me if I am correct in not filling out these sections before I send it , since it is a sworn affidavit

Attorney Answers

3
Betty Jones ·
I agree with both Attorney Mullaney and Attorney Drake and would add that another reason you are required to complete that section is if one party is requesting attorney fee and costs. An award of Attorney fees and costs is based on the ability of the person being asked to pay and the need of the person asking. The financial information requested on the Affidavit would help the court in determining if one party has to pay or contribute toward the other parties' attorney fees. Good luck.
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A Mullaney ·
My understanding is that - since it is a sworn affidavit - you need to complete the entire document. You only need to list your assets, debts, income and expenses. You do not have to check boxes for marital/pre-marital property.
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Brenda A DrakeChild Custody LawyerJacksonville, FL ·
I completely agree with you in thinking "it none of his/her business" in child support cases but, unfortunately, the financial affidavits do not distinguish between ones done for a dissolution of marriage and ones done for child support purposes. All parts need to be completed to the best of your ability. I suppose the argument can be made that the assets/liabilities section comes in helpful when a payor is claiming he/she can't afford to pay the child support but one can see he/she has a lot of assets...
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