Florida Family Law: Mandatory Disclosure
When you file and serve a petition in a Florida family law case that involves financial issues such as child support, alimony, or the division of property in debts, a clock starts ticking. Within 45 days of the initial pleadings being served on the respondent, each party is required to provide the other party with a whole host of financial documents and information.
This is what is known as Mandatory Disclosure, and it is governed by Rule 12.285, Florida Family Law Rules of Procedure.
The following are a list of documents that are required to be exchanged:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the partyâs gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the partyâs gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of
Procedure Form 12.902(c).
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the partyâs behalf for the past 3 years.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.
(5) A statement by the producing party identifying the amount and source of all income received from any source during the 3 months preceding the service of the financial affidavit required by this rule if not reflected on the pay stubs produced.
(6) All loan applications and financial statements prepared or used within the 12 months preceding service of that partyâs financial affidavit required by this rule, whether for the purpose of obtaining or attempting to obtain credit or for any other purpose.
(7) All deeds within the last 3 years, all promissory notes within the last 12 months, and all present leases, in which the party owns or owned an interest, whether held in the partyâs name individually, in the partyâs name jointly with any other person or entity, in the partyâs name as trustee or guardian for any other person, or in someone elseâs name on the partyâs behalf.
(8) All periodic statements from the last 3 months for all checking accounts, and from the last 12 months for all other accounts (for example, savings accounts, money market funds, certificates of deposit, etc.), regardless of whether or not the account has been closed, including those held in the partyâs name individually, in the partyâs name jointly with any other person or entity, in the partyâs name as trustee or guardian for any other person, or in someone elseâs name on the partyâs behalf.
(9) All brokerage account statements in which either party to this action held within the last 12 months or holds an interest including those held in the partyâs name individually, in the partyâs name jointly with any person or entity, in the partyâs name as trustee or guardian for any other person, or in someone elseâs name on the partyâs behalf.
(10) The most recent statement for any profit sharing, retirement, deferred compensation, or pension plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the party is a participant or alternate payee and the summary plan description for any retirement, profit sharing, or pension plan in which the party is a participant or an alternate payee. (The summary plan description must be furnished to the party on request by the plan administrator as required by 29 U.S.C. Â§ 1024(b)(4).)
(11) The declarations page, the last periodic statement, and the certificate for all life insurance policies insuring the partyâs life or the life of the partyâs spouse, whether group insurance or otherwise, and all current health and dental insurance cards covering either of the parties and/or their dependent children.
(12) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an ownership or interest in a corporation, partnership, or trust greater than or equal to 30%.
(13) All promissory notes for the last 12 months, all credit card and charge account statements and other records showing the partyâs indebtedness as of the date of the filing of this action and for the last 3 months, and all present lease agreements, whether owed in the partyâs name individually, in the partyâs name jointly with any other person or entity, in the partyâs name as trustee or guardian for any other person, or in someone elseâs name on the partyâs behalf.
(14) All written premarital or marital agreements entered into at any time between the parties to this marriage, whether before or during the marriage.Additionally, in any modification proceeding, each party shall serve on the opposing party all written agreements entered into between them at any time since the order to be modified was entered.
(15) All documents and tangible evidence supporting the producing partyâs claim that an asset or liability is nonmarital, for enhancement or appreciation of nonmarital property, or for an unequal distribution of marital property. The documents and tangible evidence produced shall be for the time period from the date of acquisition of the asset or debt to the date of production or from the date of the marriage, if based on premarital acquisition.
(16) Any court orders directing a party to pay or receive spousal or child support.
There are certain cases in which mandatory disclosure (except for the exchange of financial affidavits) may be waived. For example, in the collaborative family law process, a neutral financial professional tailors which documents should be exchanged to make sure both parties are fully informed rather than cast the overly wide net of mandatory disclosure.
How We Can Help
If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed family law attorney who has been practicing law since 1987. He is available whenever you need him to pursue your rights. Please learn about our firm at www.FerrisLawFirm.com.