Florida Family Law Rules & Forms - Appendix C, Part 1
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APPENDIX C FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS You should read this General Information thoroughly before taking any other steps to file your case or represent yourself in court. Most of this information is not repeated in the attached forms. This information should provide you with an overview of the court system, its participants, and its processes. It should be useful whether you want to represent yourself in a pending matter or have a better understanding of the way family court works. This is not intended as a substitute for legal advice from an attorney. Each case has its own particular set of circumstances, and an attorney may advise you of what is best for you in your individual situation. These instructions are not the only place that you can get information about how a family case works. You may want to look at other books for more help. The Florida Statutes, Florida Family Law Rules of Procedure, Florida Rules of Civil Procedure, and other legal information or books may be found at the public library or in a law library at your county courthouse or a law school in your area. If you are filing a petition for Name Change and/or Adoption, these instructions may not apply. If the word(s) is printed in bold, this means that the word is being emphasized. Throughout these instructions, you will also find words printed in bold and underlined. This means that the definitions of these words may be found in the glossary of common family law terms at the end of this general information section. Commentary 1995 Adoption. To help the many people in family law court cases who do not have attorneys to represent them (pro se litigants), the Florida Supreme Court added these simplified forms and directions to the Florida Family Law Rules of Procedure. The directions refer to the Florida Family Law Rules of Procedure or the Florida Rules of Civil Procedure. Many of the forms were adapted from the forms accompanying the Florida Rules of Civil Procedure. Practitioners should refer to the committee notes for those forms for rule history. The forms were adopted by the Court pursuant to Family Law Rules of Procedure, 667 So. 2d 202 (Fla. 1995); In re Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating the Florida Bar Stepparent Adoption Forms, 613 So. 2d 900 (Fla. 1992); Rules Regulating the Florida Bar Approval of Forms, 581 So. 2d 902 (Fla. 1991). Although the forms are part of these rules, they are not all inclusive and additional forms, as necessary, should be taken from the Florida Rules of Civil Procedure as provided in Florida Family Law Rules of Procedure. Also, the following notice has been included to strongly encourage individuals to seek the advice, when needed, of an attorney who is a member in good standing of the Florida Bar. 1997 Amendment. In 1997, the Florida Family Law Forms were completely revised to simplify and correct the forms. Additionally, the appendices were eliminated, the instructions contained in the appendices were incorporated into the forms, and the introduction following the Notice to Parties was created. Minor changes were also made to the Notice to Parties set forth below. NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY WHO IS A MEMBER IN GOOD STANDING OF THE FLORIDA BAR If you have questions or concerns about these forms, instructions, commentary, the use of the forms, or your legal rights, it is strongly recommended that you talk to an attorney. If you do not know an attorney, you should call the lawyer referral service listed in the yellow pages of the telephone book under Attorney. If you do not have the money to hire an attorney, you should call the legal aid office in your area. Because the law does change, the forms and information about them may have become outdated. General Information for Self-Represented Litigants (9/00) C-1 You should be aware that changes may have taken place in the law or court rules that would affect the accuracy of the forms or instructions. In no event will the Florida Supreme Court, The Florida Bar, or anyone contributing to the production of these forms or instructions be liable for any direct, indirect, or consequential damages resulting from their use. FAMILY LAW PROCEDURES Communication with the court... Ex parte communication is communication with the judge with only one party present. Judges are not allowed to engage in ex parte communication except in very limited circumstances, so, absent specific authorization to the contrary, you should not try to speak with or write to the judge in your case unless the other party is present or has been properly notified. If you have something you need to tell the judge, you must ask for a hearing and give notice to the other party or file a written statement in the court file and send a copy of the written statement to the other party. Filing a case... A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case. A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened. Delivering the petition to the clerk s office is called filing a case. A filing fee is usually required. Once a case has been filed, a copy must be given to (served on) the respondent. The person against whom the original legal action is being requested is called the respondent, because he or she is expected to respond to the petition. The respondent remains the respondent throughout the case. Service... When one party files a petition, motion, or other pleading, the other party must be served with a copy of the document. This means that the other party is given proper notice of the pending action(s) and any scheduled hearings. Personal service of the petition and summons on the respondent by a deputy sheriff or private process server is required in all original petitions and supplemental petitions , unless constructive service is permitted by law. Personal service may also be required in other actions by some judges. After initial service of the original or supplemental petition and summons by a deputy sheriff or private process server, service of most motions and other documents or papers filed in the case generally may be made by regular U.S. mail or hand delivery. However, service by certified mail is required at other times so you have proof that the other party actually received the papers. The instructions with each form will advise you of the type of service required for that form. If the other party is represented by an attorney, you should serve the attorney and send a copy to the other party, except for original or supplemental petitions, which must be personally served on the respondent. Other than the initial original or supplemental petitions, anytime you file additional pleadings or motions in your case, you must provide a copy to the other party and include a certificate of service. Likewise, the other party must provide you with copies of everything that he or she files. Service of additional documents is usually completed by U.S. mail. For more information, see the instructions for Certificate of Service (General), O Florida Supreme Court Approved Family Law Form 12.914. General Information for Self-Represented Litigants (9/00) C-2 Forms for service of process are included in the Florida Family Law Forms, along with more detailed instructions and information regarding service. The instructions to those forms should be read carefully to ensure that you have the other party properly served. If proper service is not obtained, the court cannot hear your case. Note: If you absolutely do not know where the other party to your case lives or if the other party resides in another state, you may be able to use constructive service. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). Additionally, if the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. Default... After being served with a petition or counterpetition, the other party has 20 days to file a response. If a response to a petition is not filed, the petitioner may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk. This means that you may proceed with your case and set a final hearing, and a judge will make a decision, even if the other party will not cooperate. For more information, see rule 12.080(c), Florida Family Law Rules of Procedure. Answer and counterpetition... After being served, the respondent has 20 days to file an answer admitting or denying each of the allegations contained in the petition. In addition to an answer, the respondent may also file a counterpetition. In a counterpetition, the respondent may request the same or some other relief or action not requested by the petitioner. If the respondent files a counterpetition, the petitioner should then file an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d), and either admit or deny the allegations in the respondent s counterpetition. Mandatory disclosure ... Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement also must be met in other family law cases, except adoptions, simplified dissolutions of marriage, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. Setting a hearing or trial... Generally, the court will have hearings on motions, final hearings on uncontested or default cases, and trials on contested cases. Before setting your case for final hearing or trial, certain requirements such as completing mandatory disclosure and filing certain papers and having them served on the other party must be met. These requirements vary depending on the type of case and the procedures in your particular jurisdiction. For further information, you should refer to the instructions for the type of form you are filing. General Information for Self-Represented Litigants (9/00) C-3 Next, you must obtain a hearing or trial date so that the court may consider your request. You should ask the clerk of court, or family law intake staff about the local procedure for setting a hearing or trial, which you should attend. These family law forms contain orders and final judgments, which the judge may use. You should ask the clerk of court or family law intake staff if you need to bring one of these forms with you to the hearing or trial. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Below are explanations of symbols or parts of different family law forms... {specify}, {date}, {name(s)}, {street}, {city}, {state}, {phone} Throughout these forms, you will find hints such as those above. These tell you what to put in the blank(s). [/ one only] [/ all that apply] These show how many choices you should check. Sometimes you may check only one, while other times you may check several choices. ( ) This also shows an area where you must make a choice. Check the ( ) in front of the choice that applies to you or your case. O Florida Family Law Form The symbol above tells you about another family law form you may need. IN THE CIRCUIT COURT OF THE CIRCUIT, IN AND FOR (1) (2) JUDICIAL COUNTY, FLORIDA Case No.: (3) Division: (4) (5) , Petitioner, and (6) , Respondent. Line 1 The clerk of court can tell you the number of your judicial circuit. Type or print it here. Line 2 Type or print your county name on line (2). Line 3 If you are filing an initial petition or pleading, the Clerk of the Court will assign a case number after the case is filed. You should type or print this case number on all papers you file in this case. Line 4 The clerk of the court can tell you the name of the division in which your case is being filed, and you should type or print it here. Divisions vary from court to court. For example, your case may be filed in the civil division, the family division, or the juvenile division. Line 5 Type or print the legal name of the person who originally filed the case on line 5. This person is the petitioner because he/she is the one who filed the original petition. Line 6 Type or print the other party s legal name on line 6. The other party is the respondent because he/she is responding to the petition. General Information for Self-Represented Litigants (9/00) C-4 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: (1) (2) Signature of Petitioner (3) (4) (5) (6) (7) Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: Some forms require that your signature be witnessed. You must sign the form in the presence of a notary public or deputy clerk (employee of the clerk of the court s office). When signing the form, you must have a valid photo identification unless the notary knows you personally. You should completely fill in all lines (1 & 3 7) except 2 with the requested information, if applicable. Line 2, the signature line, must be signed in the presence of the notary public or deputy clerk. STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced DO NOT SIGN OR FILL IN THIS PART OF ANY FORM. This section of the form is to be completed by the notary public who is witnessing your signature. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] (1) , I, {full legal name and trade name of nonlawyer} (2) , {city} (3) , a nonlawyer, located at {street} (4) , {phone} (5) , helped {name} (6) , {state} who is the petitioner, fill out this form. This section should be completed by anyone who helps you fill out these forms but is not an attorney who is a member in good standing of The Florida Bar, which means that he or she is not licensed to practice law in Florida. General Information for Self-Represented Litigants (9/00) C-5 Line 1 Lines 2 5 Line 6 The nonlawyer who helps you should type or print his or her name on line 1. The nonlawyer s address and telephone number should be typed or printed on lines 2 5. Your name should be typed or printed on line 6. In addition, a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900 (a), should be completed if a nonlawyer assists you. The disclosure is available as a family law form and should be completed before the nonlawyer helps you. This is to be sure that you understand the role and limitations of a nonlawyer. You and the nonlawyer should keep a copy of this disclosure for your records. FAMILY LAW GLOSSARY OF COMMON TERMS AND DEFINITIONS Note: The following definitions are intended to be helpful, BUT they are not intended to constitute legal advice or address every possible meaning of the term(s) contained in this glossary. Affidavit - a written statement in which the facts stated are sworn or affirmed to be true. Answer - written response by a respondent that states whether he or she admits (agrees with) or denies (disagrees with) the allegations in the petition. Any allegations not specifically denied are considered to be admitted. Appeal - asking a district court of appeal to review the decision in your case. There are strict procedural and time requirements for filing an appeal. Asset - everything owned by you or your spouse, including property, cars, furniture, bank accounts, jewelry, life insurance policies, businesses, or retirement plans. An asset may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree. Attorney - a person with special education and training in the field of law who is a member in good standing of The Florida Bar and licensed to practice law in Florida. An attorney is the only person who is allowed to give you legal advice. An attorney may file your case and represent you in court, or just advise you of your rights before you file your own case. In addition to advising you of your rights, an attorney may tell you what to expect and help prepare you for court. In family law matters, you are not entitled to a court-appointed lawyer, like a public defender in a criminal case. However, legal assistance is often available for those who are unable to hire a private attorney. You may consult the yellow pages of the telephone directory for a listing of legal aid or lawyer referral services in your area, or ask your local clerk of court or family law intake staff what services are available in your area. You may also obtain information from the Florida Supreme Court s Internet site located at http://www.flcourts.org/courts/supct. Bond - money paid to the clerk of court by one party in a case, to be held and paid to an enjoined party in the event that the first party causes loss or damage of property as a result of wrongfully enjoining the other party. Central Governmental Depository - the office of the clerk of court that is responsible for collecting and disbursing court-ordered alimony and child support payments. The depository also keeps payment records and files judgments if support is not paid. Certificate of Service - a document that must be filed whenever a form you are using does not contain a statement for you to fill in showing to whom you are sending copies of the form. O Florida Supreme Court Approved Family Law Form 12.914 is the certificate of service form and contains additional instructions. General Information for Self-Represented Litigants (9/00) C-6 Certified Copy - a copy of an order or final judgment, certified by the clerk of the circuit court to be an authentic copy. Certified Mail - mail which requires the receiving party to sign as proof that they received it. Child Support - money paid from one parent to the other for the benefit of their dependent or minor child(ren). Clerk of the Circuit Court - elected official in whose office papers are filed, a case number is assigned, and case files are maintained. The clerk s office usually is located in the county courthouse. Constructive Service - notification of the other party by newspaper publication or posting of notice at designated places when the other party cannot be located for personal service. You may also be able to use constructive service when the other party lives in another state. Constructive service is also called service by publication. However, when constructive service is used, the relief the Court may grant is limited. For more information on service, see the instructions for O Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and O Florida Supreme Court Approved Family Law Form 12.913(a). Contested Issues - any or all issues upon which the parties are unable to agree and which must be resolved by the judge at a hearing or trial. Contingent Asset - an asset that you may receive or get later, such as income, tax refund, accrued vacation or sick leave, a bonus, or an inheritance. Contingent Liability - a liability that you may owe later, such as payments for lawsuits, unpaid taxes, or debts that you have agreed or guaranteed to pay if someone else does not. Counterpetition - a written request to the court for legal action, which is filed by a respondent after being served with a petition. Default - a failure of a party to respond to the pleading of another party. This failure to respond may allow the court to decide the case without input from the party who did not appear or respond. Delinquent - late. Dependent Child(ren) - child(ren) who depend on their parent(s) for support either because they are under the age of 18, they have a mental or physical disability that prevents them from supporting themselves, or they are in high school while between the ages of 18 and 19 and are performing in good faith with reasonable expectation of graduation before the age of 19. Deputy Clerk - an employee of the office of the clerk of court, which is usually located in the county courthouse or a branch of the county courthouse. Dissolution of Marriage - divorce; a court action to end a marriage. Enjoined - prohibited by the court from doing a specific act. Ex Parte - communication with the judge by only one party. In order for a judge to speak with either party, the other party must have been properly notified and have an opportunity to be heard. If you have something you wish to tell the judge, you should ask for a hearing or file information in the clerk of court s office, with certification that a copy was sent to the other party. Family Law Intake Staff - a court s employee(s) who is (are) available to assist you in filing a family law case. Family law intake staff are not attorneys and cannot give legal advice. They may only assist you with filling out the form(s). Your local clerk s office can tell you if your county has such assistance available. Filing - delivering a petition, response, motion, or other pleading in a court case to the clerk of court s office. General Information for Self-Represented Litigants (9/00) C-7 Filing Fee - an amount of money, set by law, that the petitioner must pay when filing a case. If you cannot afford to pay the fee, you must file an Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), to ask the clerk to file your case without payment of the fee. Final Hearing - trial in your case. Financial Affidavit - a sworn statement that contains information regarding your income, expenses, assets, and liabilities. Final Judgment - a written document signed by a judge and recorded in the clerk of the circuit court s office that contains the judge s decision in your case. Guardian ad Litem - a neutral person who may be appointed by the court to evaluate or investigate your child s situation, and file a report with the court about what is in the best interests of your child(ren). Guardians do not work for either party. The guardian may interview the parties, visit their homes, visit the child(ren) s school(s) and speak with teachers, or use other resources to make their recommendation. Hearing - a legal proceeding before a judge or designated officer (general master or hearing officer) on a motion. Judge - an elected official who is responsible for deciding matters on which you and the other parties in your case are unable to agree. A judge is a neutral person who is responsible for ensuring that your case is resolved in a manner which is fair, equitable, and legal. A judge is prohibited by law from giving you or the other party any legal advice, recommendations, or other assistance, and may not talk to either party unless both parties are present, represented, or at a properly scheduled hearing. Judicial Assistant - the judge s personal staff assistant. Liabilities - everything owed by you or your spouse, including mortgages, credit cards, or car loans. A liability may be marital or nonmarital, but that distinction is for the court to determine if you and your spouse do not agree. Lump Sum Alimony - money ordered to be paid by one spouse to another in a limited number of payments, often a single payment. Mandatory Disclosure - items that must be disclosed by both parties except those exempted from disclosure by Florida Family Law Rule 12.285. Marital Asset - generally, anything that you and/or your spouse acquired or received (by gift or purchase) during the marriage. For example, something you owned before your marriage may be nonmarital. An asset may only be determined to be marital by agreement of the parties or determination of the judge. Marital Liability - generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge. Mediator - a person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing. In some areas, mediation of certain family law cases may be required before going to court. Modification - a change made by the court in an order or final judgment. Motion - a request made to the court, other than a petition. No Contact - a court order directing a party not speak to, call, send mail to, visit, or go near his or her spouse, ex-spouse, child(ren), or other family member. General Information for Self-Represented Litigants (9/00) C-8 Nonlawyer - a person who is not a member in good standing of The Florida Bar. Nonmarital Asset - generally, anything owned separately by you or your spouse. An asset may only be determined to be nonmarital by either agreement of the parties or determination of the judge. Nonmarital Liability - generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge. Nonparty - a person who is not the petitioner or respondent in a court case. Notary Public - a person authorized to witness signatures on court related forms. Obligee - a person to whom money, such as child support or alimony, is owed. Obligor - a person who is ordered by the court to pay money, such as child support or alimony. Order - a written decision signed by a judge and filed in the clerk of the circuit court s office, that contains the judge s decision on part of your case, usually on a motion. Original Petition - see Petition. Parenting Course - a class that teaches parents how to help their child(ren) cope with divorce and other family issues. Party - a person involved in a court case, either as a petitioner or respondent. Paternity Action - A lawsuit used to determine whether a designated individual is the father of a specific child or children. Payor - an employer or other person who provides income to an obligor. Permanent Alimony - spousal support ordered to be paid at a specified, periodic rate until modified by a court order, the death of either party, or the remarriage of the Obligee, whichever occurs first. Personal Service - when a summons and a copy of a petition (or other pleading) that has been filed with the court are delivered by a deputy sheriff or private process server to the other party. Personal service is required for all petitions and supplemental petitions. Petition - a written request to the court for legal action, which begins a court case. Petitioner - the person who files a petition that begins a court case. Pleading - a formal written statement of exactly what a party wants the court to do in a lawsuit or court action. Primary Residence - the home in which the child(ren) spends most of his/her (their) time. Pro Se Litigant - a person who appears in court without the assistance of a lawyer. Pro Se Coordinator - see Family Law Intake Staff. Reasonable Visitation - visitation between the nonresidential parent and child(ren) that provides frequent and unhampered contact with the child(ren). Such visitation is designed to encourage a close and continuing relationship with due regard for educational commitments of child(ren), any health or social factors of the child(ren), business and personal commitments of both parents, and home arrangements of both parents. Rehabilitative Alimony - spousal support ordered to be paid for a limited period of time to allow one of the General Information for Self-Represented Litigants (9/00) C-9 parties an opportunity to complete a plan of education or training, according to a rehabilitative plan accepted by the court, so that he or she may better support himself or herself. Respondent - the person who is served with a petition requesting some legal action against him or her. Rotating Custody - physical custody of child(ren) after divorce, which is alternated between the mother and father at specified periods of time, as determined by the court. Rotating custody allows each parent equal time with the child(ren). Scientific Paternity Testing - a medical test to determine who is the father of a child. Secondary Residential Responsibility (Visitation) - the time that the parent with whom the child(ren) does (do) not have primary residence spends with the child(ren). Service - the delivery of legal documents to a party. This must be accomplished as directed by Florida Family Law Rules 12.070 and 12.080. Shared Parental Responsibility - an arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the child(ren) jointly. Shared Parental Responsibility is presumptive in Florida. Sole Parental Responsibility - a parenting arrangement under which the responsibility for the minor child(ren) is given to one parent by the court, with or without rights of visitation to the other parent. Specified Visitation - a parenting arrangement under which a specific schedule is established for the visitation and exchange of the child(ren). Spouse - a husband or wife. Supervised Visitation - a parenting arrangement under which visitation between a parent and his or her child(ren) is supervised by either a friend, family member, or a supervised visitation center. Supplemental Petition - a petition that may be filed by either party after the judge has made a decision in a case and a final judgment or order has been entered. For example, a supplemental petition may be used to request that the court modify the previously entered final judgment or order. Trial - the final hearing in a contested case. Uncontested - any and all issues on which the parties are able to agree and which are part of a marital settlement agreement. General Information for Self-Represented Litigants (9/00) C-10 INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(a), DISCLOSURE FROM NONLAWYER When should this form be used? This form must be used when anyone who is not a lawyer in good standing with The Florida Bar helps you complete any Florida Family Law Form. Attorneys who are licensed to practice in other states but not Florida, or who have been disbarred or suspended from the practice of law in Florida, are nonlawyers for the purposes of the Florida Family Law Forms and instructions. The nonlawyer must complete this form and both of you are to sign it. In addition, on any other form with which a nonlawyer helps you, the nonlawyer shall complete the nonlawyer section located at the bottom of the form unless otherwise specified in the instructions to the form. This is to protect you and be sure that you are informed in advance of the nonlawyer s limitations. What should I do next? After this form has been completed, both you and the nonlawyer should keep a copy for your records. Special notes... This disclosure form does NOT act as or constitute a waiver, disclaimer, or limitation of liability. Instructions for Florida Family Law Rules of Procedure Form 12.900(a), Disclosure from Nonlawyer (9/00) C-11 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. DISCLOSURE FROM NONLAWYER I, {full legal name} , certify that {nonlawyer s full legal and trade names} , explained to me that he or she is not an attorney who is a member in good standing of The Florida Bar and that he or she CANNOT: 1) give me legal advice; 2) tell me what my legal rights or remedies are; 3) represent me in court; or 4) tell me how to testify in court. This nonlawyer further explained to me that he or she CAN ONLY: 1) help me fill out forms that have been approved by the Supreme Court of Florida; 2) ask me questions to fill in the form(s); and 3) show or explain to me how to file the form(s). [ / one only] I can read English. I cannot read English, but this disclosure was read to me [ N fill in both blanks] by {name} in {language} . Dated: Signature of Party Signature of NONLAWYER Printed Name: Address: Telephone Number: Florida Family Law Rules of Procedure Form 12.900(a), Disclosure from Nonlawyer (9/00) C-12 INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.901(a), PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE When should this form be used? This form should be used when a husband and wife are filing for a simplified dissolution of marriage. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You may file a simplified dissolution of marriage in Florida if all of the following are true: C C C C C C C C You and your spouse agree that the marriage cannot be saved. You and your spouse have no minor or dependent child(ren) together and the wife is not now pregnant. You and your spouse have worked out how the two of you will divide the things that you both own (your assets ) and who will pay what part of the money you both owe (your liabilities), and you are both satisfied with this division. You are not seeking support (alimony) from your spouse, and vice versa. Neither you nor your spouse wish to have any financial information other than that provided in the financial affidavits. You are willing to give up your right to trial and appeal. You and your spouse are both willing to go into the clerk s office to sign the petition (not necessarily together). You and your spouse are both willing to go to the final hearing (at the same time). If you do not meet the criteria above, you must file a regular petition for dissolution of marriage. This petition should be typed or printed in black ink. Each of you must sign the petition in the presence of a deputy clerk (in the clerk s office), although you do not have to go into the clerk s office at the same time. You will need to provide picture identification (valid driver s license or official identification card) for the clerk to witness your signatures. What should I do next? 1. After completing this form, you should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. In addition to this petition, you must file the forms listed below. C C C Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (Each of you must complete a separate financial affidavit.) Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). (Each of you must complete a separate notice.) Marital Settlement Agreement, O Florida Family Law Rules of Procedure Form 12.902(f)(3). (You will complete one agreement together.) 2. You must prove to the court that the husband and/or wife has (have) lived in Florida for more than 6 months before filing the petition for dissolution of marriage. Residence can be proved by: C C C a valid Florida driver s license, Florida identification card, or voter registration card issued to one of you at least 6 months prior to filing for dissolution of marriage; or the testimony of another person who knows that either you or your spouse has resided in Florida for more than 6 months and is available to testify in court; or an affidavit. To prove residence by affidavit, use an Affidavit of Corroborating Witness, O Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (9/00) C-13 Florida Supreme Court Approved Family Law Form 12.902(i). This form must be signed by a person who knows that either you or your spouse has lived in Florida for more than 6 months before the date that you filed the petition for dissolution of marriage. This affidavit may be signed in the presence of the clerk of the court or in the presence of a notary public, who must affix his or her seal at the proper place on the affidavit. 3. You must pay the appropriate filing fees to the clerk of the circuit court. If you and your spouse cannot afford to pay the filing fees, you may ask the court to waive the filing fees. If requesting a waiver, you will need to fill out an Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), and file it with your petition for dissolution of marriage. 4. Either you or the clerk of court will need to complete a civil cover sheet found in Form 1.997 of the Florida Rules of Civil Procedure. The clerk s office can provide this form. 5. You must obtain a date and time for a court appearance from the clerk of court. On that date, you and your spouse must appear together before a judge. You should complete a Final Judgment of Simplified Dissolution of Marriage, O Florida Family Law Rules of Procedure Form 12.990(a), and bring it with you to the hearing. At that time, if all of the papers are in order, the judge may grant a final judgment dissolving your marriage under simplified dissolution of marriage procedures by signing the final judgment which you have provided. 6. If you fail to complete this procedure, the court may dismiss the case to clear its records. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and Rule 12.105, Florida Family Law Rules of Procedure. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (9/00) C-14 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Husband, and , Wife. PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE We, {full legal name} , Husband, and {full legal name} being sworn, certify that the following information is true: [ N fill in all blanks] , Wife, 1. We are both asking the Court for a dissolution of our marriage. 2. Husband lives in {name} County, {state} lived there since {date} {state} 3. . Wife lives in {name} , and has County, , and has lived there since {date} We were married to each other on {date} in state of {state} . in the city of {city} , or country of {country} . 4. Our marriage is irretrievably broken. 5. Together, we have no minor (under 18) or dependent children and the wife is not pregnant. 6. We have made a marital settlement agreement dividing our assets (what we own) and our liabilities (what we owe). We are satisfied with this agreement. Our marital settlement agreement, O Florida Family Law Rules of Procedure Form 12.902(f)(3), is attached. This agreement was signed freely and voluntarily by each of us and we intend to be bound by it. 7. We have each completed and signed financial affidavits, O Florida Family Law Rules of Procedure Forms 12.902(b) or (c), which are attached to this petition. 8. Completed Notice of Social Security Number forms, O Florida Supreme Court Approved Family Law Form12.902(j), are filed with this petition. 9. [ / one only] ( ) yes ( ) no Wife wants to be known by her former name, which was {full legal name} 10. 11. . We each certify that we have not been threatened or pressured into signing this petition. We each understand that the result of signing this petition may be a final judgment ending our marriage and allowing no further relief. We each understand that we both must come to the hearing to testify about the things we are asking for in this petition. Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (9 /00) C-15 12. We understand that we each may have legal rights as a result of our marriage and that by signing this petition we may be giving up those rights. 13. We ask the Court to end our marriage and approve our marital settlement agreement. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of HUSBAND Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF by Sworn to or affirmed and signed before me on . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of WIFE Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (9 /00) . C-16 NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk .] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , , {phone} , helped {name} , {state} [ / one only] ( ) Husband ( ) Wife or ( ) both, fill out this form. Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage (9 /00) C-17 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(1), PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form should be used when a husband or wife is filing for a dissolution of marriage and you and your spouse have a dependent or minor child(ren) together or the wife is pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You must file this form if the following is true: C You and your spouse have a dependent or minor child(ren) together or the wife is pregnant. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED... If your spouse files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If your spouse files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-18 for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). With this form, you must also file the following: C C C C C C C C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d). Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), if you are asking that child support be ordered in the final judgment. (If you do not know your spouse s income, you may file this worksheet after his or her financial affidavit has been served on you.) Affidavit of Corroborating Witness, O Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver s license, Florida identification card, or voter s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you and your spouse have reached an agreement on any or all of the issues. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.) Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-19 Child Custody... If you and your spouse are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren) s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. C C C C C C C C C Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable visitation Specified visitation Supervised visitation No contact Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for the child(ren), you should request child support in your petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-20 Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both of you must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-21 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) I, {full legal name} [ / one only] ( ) Husband ( , the ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION/RESIDENCE ( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. The husband [ / one only] ( ) is ( ) is not a member of the military service. The wife [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} (9 / if approximate) 4. DEPENDENT OR MINOR CHILD(REN) [ / all that apply] a. The wife is pregnant. Baby is due on: {date} b. The minor (under 18) child(ren) common to both parties are: Name Place of Birth Birth date Sex c. The minor child(ren) born or conceived during the marriage who are not common to both parties are: Name Place of Birth Birth date Sex The birth father(s) of the above minor child(ren) is (are) {name and address} Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-22 d. The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are: Name Place of Birth Birth date Sex 5. A completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition. (You must complete and attach this form in a dissolution of marriage with minor child(ren)). 6. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. This petition for dissolution of marriage should be granted because: 7. [ / one only] a. The marriage is irretrievably broken. b. One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this petition. A copy of the Judgment of Incapacity is attached. SECTION I. MARITAL ASSETS AND LIABILITIES [ / one only] 1. There are no marital assets or liabilities. 2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case. [ / all that apply] a. All marital assets and liabilities have been divided by a written agreement between the parties, which is attached, to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). b. The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. c. Petitioner should be awarded an interest in Respondent s property because: SECTION II. SPOUSAL SUPPORT (ALIMONY) [ / one only] 1. Petitioner forever gives up his/her right to spousal support (alimony) from Respondent. 2. Petitioner requests that the Court order Respondent to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting and Respondent has the ability to pay that support. Spousal support (alimony) is requested in the amount of Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-23 $ every ( ) week ( ) other week ( and continuing until {date or event} ) month, beginning {date} . Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): [ / if applies] ( ) Petitioner requests life insurance on Respondent s life, provided by Respondent, to secure such support. SECTION III. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION 1. The minor child(ren) currently reside(s) with ( ) Mother ( ) Father ( ) Other: {explain} 2. Parental Responsibility. It is in the child(ren) s best interests that parental responsibility be: [ / one only] a. shared by both Father and Mother. b. awarded solely to ( ) Father ( ) Mother. Shared parental responsibility would be detrimental to the child(ren) because: 3. Primary Residential Parent (Custody). It is in the best interests of the child(ren) that the primary residential parent be ( ) Father ( ) Mother ( ) undesignated ( ) rotating because: Visitation or Time Sharing. Petitioner requests that the court order 4. [ / all that apply] a. no visitation. b. limited visitation. c. supervised visitation. d. supervised or third-person exchange of child(ren). e. visitation or time sharing as determined by the Court. f. a visitation or time sharing schedule as follows: Explain the requested visitation or time sharing schedule: Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-24 Explain why this request is in the best interests of the child(ren): Has the above visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no SECTION IV. CHILD SUPPORT [ / all that apply] 1. Petitioner requests that the Court award child support as determined by Florida s child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support should be ordered retroactive to: a. the date of separation {date} . b. the date of the filing of this petition. c. other {date} {explain} 2. Petitioner requests that the Court award child support to be paid beyond the age of 18 years because: a. the following child(ren) {name(s)} is (are) dependent because of a mental or physical incapacity which began before the age of 18. {explain} b. the following child(ren) {name(s)} is (are) dependent in fact and is (are) in high school while he/she (they) are between the ages of 18 and 19; said child(ren) is (are) performing in good faith with reasonable expectation of graduation before the age of 19. 3. Petitioner requests that the Court award a child support amount that is more than or less than Florida s child support guidelines. Petitioner understands that Motion to Deviate from Child Support Guidelines, O Florida Supreme Court Approved Family Law Form 12.943, must be filed before the court will consider this request. 4. Petitioner requests that medical/dental insurance coverage for the minor child(ren) be provided by: [ / one only] a. Father. b. Mother. 5. Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: [ / one only] a. by Father. b. by Mother. c. by Father and Mother [each pay one-half]. d. according to the percentages in the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). e. Other {explain}: Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-25 6. Petitioner requests that life insurance to secure child support be provided by: a. Father. b. Mother. c. Both. SECTION V. OTHER [If Petitioner is also the Wife, / one only] ( ) yes ( 1. her former name, which was {full legal name} 2. ) no Petitioner/Wife wants to be known by . Other relief {specify}: SECTION VI. PETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Petitioner requests that the Court enter an order dissolving the marriage and: [ / all that apply] 1. distributing marital assets and liabilities as requested in Section I of this petition; 2. awarding spousal support (alimony) as requested in Section II of this petition; 3. establishing the primary residential parent (custody), parental responsibility, and visitation for the dependent or minor child(ren) common to both parties, as requested in Section III of this petition; 4. establishing child support for the dependent or minor child(ren) common to both parties, as requested in Section IV of this petition; 5. restoring Wife s former name as requested in Section V of this petition; 6. awarding other relief as requested in Section V of this petition; and any other terms the Court deems necessary. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-26 NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the petitioner, fill out this form. Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-27 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(2), PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have marital assets and/or marital liabilities but they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a simplified dissolution of marriage petition, O Florida Family Law Rules of Procedure Form 12.901(a). However, you cannot file for a simplified dissolution of marriage if any of the following are true: C C C C You disagree about property, debts, or other matters and wish to have a judge settle them for you. Either you or your spouse is seeking support (alimony). You would like to ask questions and get documents concerning your spouse s income, expenses, assets, debts, or other matters before having a trial or settlement. You would like to reserve your rights to have any matters reconsidered or appeal the judge s decision. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk . You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-28 UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). With this form, you must also file the following: C C C C C C Affidavit of Corroborating Witness, O Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver s license, Florida identification card, or voter s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you and your spouse have reached an agreement on any or all of the issues. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.) Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-29 Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for that form. Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Property But No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both husband and wife must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(2). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-30 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) I, {full legal name} [ / one only] ( ) Husband ( , the ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION/RESIDENCE ( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. The husband [ / one only] ( ) is ( ) is not a member of the military service. The wife [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} (9 / if approximate) 4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND THE WIFE IS NOT PREGNANT. 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE: 6. [ / one only] a. The marriage is irretrievably broken. b. One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this petition. A copy of the Judgment of Incapacity is attached. SECTION I. MARITAL ASSETS AND LIABILITIES [ / one only] 1. There are no marital assets or liabilities. 2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, O Florida Family Law Rules of Procedure Form 12.902(b) or Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-31 (c), to be filed in this case. [ / all that apply] a. All marital assets and debts have been divided by a written agreement between the parties, which is attached to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Simplified Dissolution of Marriage, O Florida Family Law Rules of Procedure Form 12.902(f)(3) or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). b. The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. c. Petitioner should be awarded an interest in Respondent s property because: SECTION II. SPOUSAL SUPPORT (ALIMONY) [ / one only] 1. Petitioner forever gives up his/her right to spousal support (alimony) from Respondent. 2. Petitioner requests that the Court order Respondent to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting and Respondent has the ability to pay that support. Spousal support (alimony) is requested in the amount of $ every ( ) week ( ) other week ( ) month, beginning {date} and continuing until {date or event} . Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): [ / if applies] ( ) Petitioner requests life insurance on Respondent s life, provided by Respondent, to secure such support. SECTION III. OTHER 1. [If Petitioner is also the Wife, / one only] ( ) yes ( ) no Petitioner/Wife wants to be known by her former name, which was {full legal name} . 2. Other relief {specify}: Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-32 SECTION IV. PETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Petitioner requests that the Court enter an order dissolving the marriage and: [ / all that apply] 1. distributing marital assets and liabilities as requested in Section I of this petition; 2. awarding spousal support (alimony) as requested in Section II of this petition; 3. restoring Wife s former name as requested in Section III of this petition; 4. awarding other relief as requested in Section III of this petition; and any other terms the Court deems necessary. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the petitioner, fill out this form. Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-33 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.901(b)(3), PETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY When should this form be used? This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband and wife have no marital assets and/or marital liabilities and they do not have any dependent children nor is the wife is now pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you may want to file a petition for simplified dissolution of marriage, O Florida Family Law Rules of Procedure Form 12.901(a). However, you may file this form if all of the following are true: C C You have no marital assets or marital debts. Neither you nor your spouse is seeking support (alimony). This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-34 spouse of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). With this form, you must also file the following: C C C C C Affidavit of Corroborating Witness, O Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver s license, Florida identification card, or voter s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.) Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-35 including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-36 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. PETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY I, {full legal name} [ / one only] ( ) Husband ( , the ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION/RESIDENCE ( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. The husband [ / one only] ( ) is ( ) is not a member of the military service. The wife [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} (9 / if approximate) 4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND THE WIFE IS NOT PREGNANT. 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE: 6. [ / one only] a. The marriage is irretrievably broken. b. One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this petition. A copy of the Judgment of Incapacity is attached. 7. THERE ARE NO MARITAL ASSETS OR LIABILITIES. 8. PETITIONER FOREVER GIVES UP HIS/HER RIGHTS TO SPOUSAL SUPPORT (ALIMONY) FROM RESPONDENT. 9. [If Petitioner is also the Wife, / one only] ( ) yes ( ) no Petitioner/Wife wants to be known by Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-37 her former name, which was {full legal name} 10. . Other relief {specify}: PETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Petitioner requests that the Court enter an order dissolving the marriage and: [ / all that apply] 1. restoring Wife s former name as specified in paragraph 9 of this petition; 2. awarding other relief as specified in paragraph 10 of this petition; and any other terms the Court deems necessary. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-38 I, {full legal name and trade name of nonlawyer} a nonlawyer, located at {street} {state} , {phone} who is the petitioner, fill out this form. , {city} , helped {name} , , , Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-39 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(a), AFFIDAVIT OF INDIGENCY When should this form be used? This form should be used by anyone in a family law case who is unable to pay court fees and costs and is requesting a waiver of those fees and costs. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. In addition, you must attach a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b), to this form. What should I do next? A copy of this form, along with all of the other necessary forms, must be mailed or hand delivered to your spouse in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(a) Affidavit of Indigency (9/00) C-40 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. AFFIDAVIT OF INDIGENCY I, {full legal name} statements are true: , being sworn, certify that the following I am financially insolvent and unable to pay the charges, costs, or fees otherwise payable by law to the clerk of the circuit court or sheriff in this civil action. I make this claim because: [ / one only] a. I am currently receiving public assistance in the amount of: $ per ( ) week ( ) month. My public assistance case number is: . My financial affidavit, O Florida Family Law Rules of Procedure Form 12.902(b), is attached. b. I am unable to pay those clerk s fees and costs because of indigency, based on facts contained in my Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b), which is attached. I CERTIFY THAT NO PERSON HAS BEEN PAID OR PROMISED ANY PAYMENT OF ANY REMUNERATION BY ME FOR SERVICES PERFORMED ON MY BEHALF IN CONNECTION WITH THIS ACTION OR PROCEEDING. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: C-41 Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(a), Affidavit of Indigency (9/00) C-42 INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) When should this form be used? This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is UNDER $50,000 per year. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. This must be accomplished within 45 days of service of the petition. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see rule 12.285, Florida Family Law Rules of Procedure. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitione r s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions. Hourly - If you are paid by the hour, you may convert your income to monthly as follows: Hourly amount à Hours worked per week = Weekly amount Weekly amount à 52 Weeks per year = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Daily - If you are paid by the day, you may convert your income to monthly as follows: Daily amount à Days worked per week = Weekly amount Weekly amount à 52 Weeks per year = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Weekly - If you are paid by the week, you may convert your income to monthly as follows: Weekly amount à 52 Weeks per year = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows: Bi-weekly amount à 26 = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Bi-monthly - If you are paid twice per month, you may convert your income to monthly as follows: Bi-monthly amount à 2 = Monthly Amount Expenses may be converted in the same manner. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules Instructions for Florida Family Law Rules of Procedure Form 12.902(b), Family Lw Financial Affidavit (Short Form) (9/00) C-43 of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.902(b), Family Lw Financial Affidavit (Short Form) (9/00) C-44 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (Under $50,000 Individual Gross Annual Income) I, {full legal name} information is true: My Occupation: , being sworn, certify that the following Employed by: Business Address: Pay rate: $ ( ) every week ( ) every other week ( ) twice a month ( ) monthly ( ) other: 9 Check here if unemployed and explain on a separate sheet your efforts to find employment. SECTION I. PRESENT MONTHLY GROSS INCOME: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under other should be listed separately with separate dollar amounts. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Monthly gross salary or wages Monthly bonuses, commissions, allowances, overtime, tips, and similar payments Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (9 Attach sheet itemizing such income and expenses.) Monthly disability benefits/SSI Monthly Workers Compensation Monthly Unemployment Compensation Monthly pension, retirement, or annuity payments Monthly Social Security benefits Monthly alimony actually received 9a. From this case: $ 9b. From other case(s): Add 9a and 9b Monthly interest and dividends Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (9 Attach sheet itemizing such income and expense items.) Monthly income from royalties, trusts, or estates Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses Monthly gains derived from dealing in property (not including nonrecurring gains) Any other income of a recurring nature (list source) 1. 2. $ 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. C-45 TOTAL: 17. PRESENT MONTHLY GROSS INCOME (Add lines 1 16) 17. $ PRESENT MONTHLY DEDUCTIONS: 18. Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities) a. Filing Status ____________ b. Number of dependents claimed _______ 19. Monthly FICA or self-employment taxes 20. Monthly Medicare payments 21. Monthly mandatory union dues 22. Monthly mandatory retirement payments 23. Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship 24. Monthly court-ordered child support actually paid for children from another relationship 25. Monthly court-ordered alimony actually paid 25a. from this case: $ 25b. from other case(s): Add 25a and 25b 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17) 18. $ 19. 20. 21. 22. 23. 24. 25. TOTAL: 26. $ 27. $ SECTION II. AVERAGE MONTHLY EXPENSES A. HOUSEHOLD: Mortgage or rent Property taxes Utilities Telephone Food Meals outside home Maintenance/Repairs Other: $ $ $ $ $ $ $ $ Other: B. AUTOMOBILE Gasoline Repairs Insurance $ $ $ C. CHILD(REN) S EXPENSES Day care Lunch money Clothing Grooming Gifts for holidays Medical/dental (uninsured) Other: $ $ $ $ $ $ $ D. INSURANCE Medical/dental Child(ren) s medical/dental Life $ $ $ $ Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (9/00) C-46 E. OTHER EXPENSES NOT LISTED ABOVE Clothing $ Medical/Dental (uninsured) $ Grooming $ $ Entertainment $ Gifts $ Religious organizations Miscellaneous $ Other: $ $ $ $ $ $ $ F. PAYMENTS TO CREDITORS MONTHLY PAYMENT CREDITOR: $ $ $ $ $ $ $ $ $ $ $ 28. TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above) SUMMARY 29. TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME) 30. TOTAL MONTHLY EXPENSES (from line 28 above) 28. $ 29. $ 30. $ 31. SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.) 32. (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.) 31. $ 32. ($ ) SECTION III. ASSETS AND LIABILITIES Use the nonmarital column only if this is a petition for dissolution of mG40 arriage and you believe an item is nonmarital, meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage. See the General Information for Self-Represented Litigants found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of marital and nonmarital assets and liabilities.) A. ASSETS: Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (9/00) C-47 DESCRIPTION OF ITEM(S). List a description of each separate item owned by you Current Fair (and/or your spouse, if this is a petition for dissolution of marriage). Market Value / the box next to any asset(s) which you are requesting the judge award to you. 9 Cash (on hand) Nonmarital (/ correct column) husband wife $ 9 Cash (in banks or credit unions) 9 Stocks, Bonds, Notes 9 Real estate: (Home) 9 (Other) 9 Automobiles 9 Other personal property 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 Other 9 9 9 9 9 9 9 / here if additional pages are attached. Total Assets (add column B) $ Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (9/00) C-48 B. LIABILITIES: DESCRIPTION OF ITEM(S). List a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). / the box next to any debt(s) for which you believe you should be responsible. 9 Mortgages on real estate Current Amount Owed Nonmarital (/ correct column) husband wife $ 9 Auto loans 9 9 Charge/credit card accounts 9 9 9 9 Other 9 9 9 9 9 9 9 / here if additional pages are attached. Total Debts (add column B) $ C. CONTINGENT ASSETS AND LIABILITIES: INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here. Contingent Assets Possible Value / Nonmarital (/ correct column) the box next to any contingent asset(s) which you are requesting the judge award to you . husband 9 9 wife $ Total Contingent Assets $ Contingent Liabilities / the box next to any contingent debt(s) for which you believe you should be responsible. 9 Possible Amount Owed Nonmarital (/ correct column) husband wife $ 9 Total Contingent Liabilities $ SECTION IV. CHILD SUPPORT GUIDELINES WORKSHEET (O Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (9/00) C-49 the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.) [ / one only] A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the establishment or modification of child support. A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or modification of child support is not an issue in this case. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (9/00) C-50 IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the [ / one only] petitioner or respondent, fill out this form. Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (9/00) C-51 INSTRUCTIONS FOR FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.902(c), FAMILY LAW FINANCIAL AFFIDAVIT When should this form be used? This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is $50,000 OR MORE per year. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. This must be accomplished within 45 days of service of the petition. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see rule 12.285, Florida Family Law Rules of Procedure. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitione r s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions. Hourly - If you are paid by the hour, you may convert your income to monthly as follows: Hourly amount à Hours worked per week = Weekly amount Weekly amount à 52 Weeks per year = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Daily - If you are paid by the day, you may convert your income to monthly as follows: Daily amount à Days worked per week = Weekly amount Weekly amount à 52 Weeks per year = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Weekly - If you are paid by the week, you may convert your income to monthly as follows: Weekly amount à 52 Weeks per year = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows: Bi-weekly amount à 26 = Yearly amount Yearly amount ÷ 12 Months per year = Monthly Amount Bi-monthly - If you are paid twice per month, you may convert your income to monthly as follows: Bi-monthly amount à 2 = Monthly Amount Expenses may be converted in the same manner. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-52 forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-53 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. FAMILY LAW FINANCIAL AFFIDAVIT ($50,000 or more Individual Gross Annual Income) I, {full legal name} , being sworn, certify that the following information is true: SECTION I. INCOME 1. Date of Birth: 2. Social Security Number: My occupation is: 3. 4. I am currently [ / all that apply] a. Unemployed Describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive: b. Employed by: Address: City, State, Zip code: Telephone Number: Pay rate: $ ( ) monthly ( ( ) every week ( ) every other week ( ) twice a month ) other: If you are expecting to become unemployed or change jobs soon, describe the change you expect and why and how it will affect your income: 9 Check here if you currently have more than one job. List the information above for the second job(s) on a separate sheet and attach it to this affidavit. c. Retired. Date of retirement: Employer from whom retired: Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-54 Address: City, State, Zip code: LAST YEAR S GROSS INCOME: YEAR Telephone Number: Your Income $ Other Party s Income (if known) $ PRESENT MONTHLY GROSS INCOME: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under other should be listed separately with separate dollar amounts. 1. Monthly gross salary or wages 2. Monthly bonuses, commissions, allowances, overtime, tips, and similar payments 3. Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (Gross receipts minus ordinary and necessary expenses required to produce income.) (9 Attach sheet itemizing such income and expenses.) 4. Monthly disability benefits/SSI 5. Monthly Workers Compensation 6. Monthly Unemployment Compensation 7. Monthly pension, retirement, or annuity payments 8. Monthly Social Security benefits 9. Monthly alimony actually received 9a. From this case: $ 9b. From other case(s): Add 9a and 9b 10. Monthly interest and dividends 11. Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) ( Attach sheet itemizing such 9 income and expense items.) 12. Monthly income from royalties, trusts, or estates 13. Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses (9 Attach sheet itemizing each item and amount.) 14. Monthly gains derived from dealing in property (not including nonrecurring gains) Any other income of a recurring nature (identify source) 15. 16. 1. $ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. PRESENT MONTHLY GROSS INCOME (Add lines 1 16) TOTAL: 17. $ PRESENT MONTHLY DEDUCTIONS: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. 18. Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities) a. Filing Status b. Number of dependents claimed Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) 18. $ C-55 19. 20. 21. 22. 23. Monthly FICA or self-employment taxes Monthly Medicare payments Monthly mandatory union dues Monthly mandatory retirement payments Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship 24. Monthly court-ordered child support actually paid for children from another relationship 25. Monthly court-ordered alimony actually paid 25a. from this case: $ 25b. from other case(s): Add 25a and 25b 19. 20. 21. 22. 23. 24. 25. 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, TOTAL: FLORIDA STATUTES (Add lines 18 through 25) 26. $ 27. PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17) 27. $ SECTION II. AVERAGE MONTHLY EXPENSES Proposed/Estimated Expenses. If this is a dissolution of marriage case and your expenses as listed below do not reflect what you actually pay currently, you should write estimate next to each amount that is estimated. HOUSEHOLD: 1. Monthly mortgage or rent payments 2. Monthly property taxes (if not included in mortgage) 3. Monthly insurance on residence (if not included in mortgage) 4. Monthly condominium maintenance fees and homeowner s association fees 5. Monthly electricity 6. Monthly water, garbage, and sewer 7. Monthly telephone 8. Monthly fuel oil or natural gas 9. Monthly repairs and maintenance 10. Monthly lawn care 11. Monthly pool maintenance 12. Monthly pest control 13. Monthly misc. household 14. Monthly food and home supplies 15. Monthly meals outside home 16. Monthly cable t.v. 17. Monthly alarm service contract 18. Monthly service contracts on appliances 19. Monthly maid service Other: 20. 21. 22. 23. Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) 1. $ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. C-56 24. 25. 24. SUBTOTAL (add lines 1 through 24) 25. $ AUTOMOBILE: 26. Monthly gasoline and oil 27. Monthly repairs 28. Monthly auto tags and emission testing 29. Monthly insurance 30. Monthly payments (lease or financing) 31. Monthly rental/replacements 32. Monthly alternative transportation (bus, rail, car pool, etc.) 33. Monthly tolls and parking 34. Other: 26. $ 27. 28. 29. 30. 31. 32. 33. 34. 35. 35. $ SUBTOTAL (add lines 26 through 34) MONTHLY EXPENSES FOR CHILDREN COMMON TO BOTH PARTIES: 36. Monthly nursery, babysitting, or day care 37. Monthly school tuition 38. Monthly school supplies, books, and fees 39. Monthly after school activities 40. Monthly lunch money 41. Monthly private lessons or tutoring 42. Monthly allowances 43. Monthly clothing and uniforms 44. Monthly entertainment (movies, parties, etc.) 45. Monthly health insurance 46. Monthly medical, dental, prescriptions (nonreimbursed only) 47. Monthly psychiatric/psychological/counselor 48. Monthly orthodontic 49. Monthly vitamins 50. Monthly beauty parlor/barber shop 51. Monthly nonprescription medication 52. Monthly cosmetics, toiletries, and sundries 53. Monthly gifts from child(ren) to others (other children, relatives, teachers, etc.) 54. Monthly camp or summer activities 55. Monthly clubs (Boy/Girl Scouts, etc.) 56. Monthly access expenses (for nonresidential parent) 57. Monthly miscellaneous 58. 36. $ 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. SUBTOTAL (add lines 36 through 57) 58. $ MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP: (other than court-ordered child support) 59. 59. $ Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-57 60. 61. 62. 63. 60. 61. 62. SUBTOTAL (add lines 59 through 62) MONTHLY INSURANCE: 64. Health insurance, excluding portion paid for any minor child(ren) of this relationship 65. Life insurance 66. Dental insurance Other: 67. 68. 69. SUBTOTAL (add lines 64 through 68) OTHER MONTHLY EXPENSES NOT LISTED ABOVE: 70. Monthly dry cleaning and laundry 71. Monthly clothing 72. Monthly medical, dental, and prescription (unreimbursed only) 73. Monthly psychiatric, psychological, or counselor (unreimbursed only) 74. Monthly non-prescription medications, cosmetics, toiletries, and sundries 75. Monthly grooming 76. Monthly gifts 77. Monthly pet expenses 78. Monthly club dues and membership 79. Monthly sports and hobbies 80. Monthly entertainment 81. Monthly periodicals/books/tapes/CD s 82. Monthly vacations 83. Monthly religious organizations 84. Monthly bank charges/credit card fees 85. Monthly education expenses Other: (include any usual and customary expenses not otherwise mentioned in the items listed above) 86. 87. 88. 89. 90. SUBTOTAL (add lines 70 through 89) 63. $ 64. $ 65. 66. 67. 68. 69. $ 70. $ 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. $ MONTHLY PAYMENTS TO CREDITORS: (only when payments are currently made by you on outstanding balances) NAME OF CREDITOR(s): 91. 91. $ 92. 92. 93. 93. 94. 94. Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-58 95. 96. 97. 98. 99. 100. 101. 102. 103. 95. 96. 97. 98. 99. 100. 101. 102. 103. SUBTOTAL (add lines 91 through 103) 104. 105. 104. $ TOTAL MONTHLY EXPENSES: (add lines 25, 35, 58, 63, 69, 90, and 104 of Section II, Expenses) 105. $ SUMMARY TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME) 106. $ 107. TOTAL MONTHLY EXPENSES (from line 105 above) 107. $ 108. SURPLUS (If line 106 is more than line 107, subtract line 107 from line 106. This is the amount of your surplus. Enter that amount here.) 108. $ (DEFICIT) (If line 107 is more than line 106, subtract line 106 from line 107. This is the amount of your deficit. Enter that amount here.) 109. ($ 106. 109. ) SECTION III. ASSETS AND LIABILITIES A. ASSETS (This is where you list what you OWN.) INSTRUCTIONS: STEP 1: In column A, list a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item. STEP 2: If this is a petition for dissolution of marriage, check the box in Column A next to any item that you are requesting the judge award to you. STEP 3: In column B, write what you believe to be the current fair market value of all items listed. STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is nonmarital, meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item belongs. (Typically, you will only use Column C if property was owned by one spouse before the marriage. See the General Information for Self-Represented Litigants found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of marital and nonmarital assets and liabilities.) A ASSETS: DESCRIPTION OF ITEM(S) B Current Fair Market Value / the box next to any asset(s) which you are requesting the judge award to you. 9 Cash (on hand) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C Nonmarital (/ correct column) husband wife $ C-59 A ASSETS: DESCRIPTION OF ITEM(S) / the box next to any asset(s) which you are requesting the judge award to you. B Current Fair Market Value C Nonmarital (/ correct column) husband wife 9 Cash (in banks or credit unions) 9 9 Stocks/Bonds 9 9 9 Notes (money owed to you in writing) 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 9 9 9 9 Business interests 9 9 9 9 9 Automobiles 9 9 9 9 Boats 9 9 9 Other vehicles 9 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-60 A ASSETS: DESCRIPTION OF ITEM(S) B Current Fair Market Value / the box next to any asset(s) which you are requesting the judge award to you. C Nonmarital (/ correct column) husband wife 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 9 Collectibles 9 9 Jewelry 9 9 Life insurance (cash surrender value) 9 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 9 Other assets 9 9 9 9 9 9 9 Total Assets (add column B) $ B. LIABILITIES/DEBTS (This is where you list what you OWE.) INSTRUCTIONS: STEP 1: In column A, list a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item. STEP 2: If this is a petition for dissolution of marriage, check the box in Column A next to any debt(s) for which you believe you should be responsible. STEP 3: In column B, write what you believe to be the current amount owed for all items listed. STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is nonmarital, meaning the debt belongs to only one of you and should not be divided. You should indicate to whom you believe the debt belongs. (Typically, you will only use Column C if the debt was owed by one spouse before the marriage. See the General Information for Self-Represented Litigants found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of marital and nonmarital assets and liabilities.) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-61 A LIABILITIES: DESCRIPTION OF ITEM(S) B Current Amount Owed / the box next to any debt(s) for which you believe you should be responsible. 9 Mortgages on real estate: (Home) 9 (Other) C Nonmarital (/ correct column) husband wife $ 9 9 9 Charge/credit card accounts 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/Credit Union loans 9 9 9 9 Money you owe (not evidenced by a note) 9 9 Judgments 9 9 Other 9 9 9 9 9 9 Total Debts (add column B) $ C. NET WORTH (excluding contingent assets and liabilities) Total Assets (enter total of Column B in Asset Table; Section A) $ Total Liabilities (enter total of Column B in Liabilities Table; Section B)$ TOTAL NET WORTH (Total Assets minus Total Liabilities) (excluding contingent assets and liabilities) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) $ C-62 D. CONTINGENT ASSETS AND LIABILITIES INSTRUCTIONS: If you have any POSSIBLE a s s e t s (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here. A Contingent Assets B Possible Value / the box next to any contingent asset(s) which you are requesting the judge award to you . 9 C Nonmarital (/ correct column) husband wife $ 9 9 9 9 Total Contingent Assets $ A Contingent Liabilities / the box next to any contingent debt(s) for which you believe you should be B Possible Amount Owed husband responsible. 9 9 9 C Nonmarital (/ correct column) wife $ 9 9 $ Total Contingent Liabilities E. Has there been any agreement between you and the other party that one of you will take responsibility for a debt and will hold the other party harmless from that debt? ( ) yes ( ) no If yes, explain: F. CHILD SUPPORT GUIDELINES WORKSHEET. O Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties. [ / one only] A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the establishment or modification of child support. A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-63 or modification of child support is not an issue in this case. I certify that a copy of this financial affidavit was: ( delivered to the person(s) listed below on {date} ) mailed, ( ) faxed and mailed, or ( ) hand . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk .] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (9/00) C-64 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(d), UNIFORM CHILD CUSTODY JURISDICTION ACT (UCCJA) AFFIDAVIT When should this form be used? This form should be used in any case involving custody of or visitation with any minor child(ren). This affidavit is required even if the custody and visitation of the minor child(ren) are not in dispute. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see sections 61.1302 61.1354, Florida Statutes. Special notes... If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i), you should write confidential in any space on this form that would require you to write the address where you are currently living. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit (9/00) C-65 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. UNIFORM CHILD CUSTODY JURISDICTION ACT (UCCJA) AFFIDAVIT I, {full legal name} statements are true: , being sworn, certify that the following The number of minor child(ren) subject to this proceeding is . The name, social security 1. number, place of birth, birth date, and sex of each child; the present address, periods of residence, and places where each child has lived within the past five (5) years ; and the name, present address, and relationship to the child of each person with whom the child has lived during that time are: THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # Child s Full Legal Name: Place of Birth: S.S. # Sex: Date of Birth: Child s Residence for the past 5 years: Dates Address (including city and (From/To) state) where child lived 1 : Name and present address of person child lived with Relationship to child /present* / / / / / * If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i), you should write confidential in any space on this form that would require you to enter the address where you are currently living. THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # : Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit (9/00) C-66 Child s Full Legal Name: Place of Birth: S.S. # Sex: Date of Birth: Child s Residence for the past 5 years: Dates Address (including city and (From/To) state) where child lived Name and present address of person child lived with Relationship to child /present / / / / / THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # Child s Full Legal Name: Place of Birth: Date of Birth: Child s Residence for the past 5 years: Dates Address (including city and (From/To) state) where child lived : S.S. # Sex: Name and present address of person child lived with Relationship to child /present / / / / / Participation in custody proceeding(s): 2. [ / one only] I HAVE NOT participated as a party, witness, or in any capacity in any other litigation or custody proceeding in this or any other state, concerning custody of a child subject to this proceeding. I HAVE participated as a party, witness, or in any capacity in any other litigation or custody Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit (9/00) C-67 proceeding in this or another state, concerning custody of a child subject to this proceeding. Explain: a. Name of each child: b. Type of proceeding: c. Court and state: d. Date of court order or judgment (if any): 3. Information about custody proceeding(s): [ / one only] I HAVE NO INFORMATION of any custody proceeding pending in a court of this or any other state concerning a child subject to this proceeding. I HAVE THE FOLLOWING INFORMATION concerning a custody proceeding pending in a court of this or another state concerning a child subject to this proceeding, other than set out in item 2. Explain: a. Name of each child: b. Type of proceeding: c. Court and state: d. Date of court order or judgment (if any): Persons not a party to this proceeding: 4. [ / one only] I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has physical custody or claims to have custody or visitation rights with respect to any child subject to this proceeding. I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has (have) physical custody or claim(s) to have custody or visitation rights with respect to any child subject to this proceeding: a. Name and address of person: ( ) has physical custody ( ) claims custody rights ( Name of each child: b. Name and address of person: ) claims visitation rights. ( ) has physical custody ( ) claims custody rights ( Name of each child: c. Name and address of person: ) claims visitation rights. ( ) has physical custody ( Name of each child: ) claims visitation rights. ) claims custody rights ( 5. Knowledge of prior child support proceedings: [ / one only] The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this or any state or territory. The child(ren) described in this affidavit are subject to the following existing child support order(s): a. Name of each child: b. Type of proceeding: c. Court and address: d. Date of court order/judgment (if any): e. Amount of child support paid and by whom: 6. I acknowledge that I have a continuing duty to advise this Court of any custody, visitation, Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit (9/00) C-68 child support, or guardianship proceeding (including dissolution of marriage, separate maintenance, child neglect, or dependency) concerning the child(ren) in this state or any other state about which information is obtained during this proceeding. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit (9/00) C-69 INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(e), CHILD SUPPORT GUIDELINES WORKSHEET When should this form be used? You should complete this worksheet if child support is being requested in your case. If you know the income of the other party, this worksheet should accompany your financial affidavit. If you do not know the other party s income, this form must be completed after the other party files his or her financial affidavit, and serves a copy on you. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.30, Florida Statutes Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). The chart below contains the guideline amounts that you should use when calculating child support. This amount is based on the number of children and the combined income of the parents, and it is divided between the parents in direct proportion to their income or earning capacity. From time to time, some of the amounts in the child support guidelines chart will change. Be sure you have the most recent version of the chart before using it. Because the guidelines are based on monthly amounts, it may be necessary to convert some income and expense figures from other frequencies to monthly. You should do this as follows: If payment is twice per month Payment amount à 2 = Monthly amount If payment is every two weeks Payment amount Yearly amount à ÷ 26 12 = = Yearly amount due Monthly amount If payment is weekly Weekly amount Yearly amount à ÷ 52 12 = = Yearly amount due Monthly amount If you or the other parent request that the court award an amount that is different than the guideline amount, you must also complete and attach a Motion to Deviate from Child Support Guidelines, O Florida Supreme Court Approved Family Law Form 12.943. Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) C-70 Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) C-71 CHILD SUPPORT GUIDELINES CHART Combined Monthly Available One Income Children 650.00 700.00 750.00 800.00 850.00 900.00 950.00 1000.00 1050.00 1100.00 1150.00 1200.00 1250.00 1300.00 1350.00 1400.00 1450.00 1500.00 1550.00 1600.00 1650.00 1700.00 1750.00 1800.00 1850.00 1900.00 1950.00 2000.00 2050.00 2100.00 2150.00 2200.00 2250.00 2300.00 2350.00 2400.00 2450.00 2500.00 2550.00 2600.00 2650.00 74 119 164 190 202 213 224 235 246 258 269 280 290 300 310 320 330 340 350 360 370 380 390 400 410 421 431 442 452 463 473 484 494 505 515 526 536 547 557 568 578 Two Child 75 120 166 211 257 302 347 365 382 400 417 435 451 467 482 498 513 529 544 560 575 591 606 622 638 654 670 686 702 718 734 751 767 783 799 815 831 847 864 880 896 Three Four Children Children 75 121 167 213 259 305 351 397 443 489 522 544 565 584 603 623 642 662 681 701 720 740 759 779 798 818 839 859 879 899 919 940 960 980 1000 1020 1041 1061 1081 1101 1121 76 123 169 216 262 309 355 402 448 495 541 588 634 659 681 702 724 746 768 790 812 833 855 877 900 923 946 968 991 1014 1037 1060 1082 1105 1128 1151 1174 1196 1219 1242 1265 Five Children Six C h i l d r e n 77 124 171 218 265 312 359 406 453 500 547 594 641 688 735 765 789 813 836 860 884 907 931 955 979 1004 1029 1054 1079 1104 1129 1154 1179 1204 1229 1254 1279 1304 1329 1354 1379 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) 78 125 173 220 268 315 363 410 458 505 553 600 648 695 743 790 838 869 895 920 945 971 996 1022 1048 1074 1101 1128 1154 1181 1207 1234 1261 1287 1314 1340 1367 1394 1420 1447 1473 C-72 Combined Monthly Available Income Children 2700.00 2750.00 2800.00 2850.00 2900.00 2950.00 3000.00 3050.00 3100.00 3150.00 3200.00 3250.00 3300.00 3350.00 3400.00 3450.00 3500.00 3550.00 3600.00 3650.00 3700.00 3750.00 3800.00 3850.00 3900.00 3950.00 4000.00 4050.00 4100.00 4150.00 4200.00 4250.00 4300.00 4350.00 4400.00 4450.00 4500.00 4550.00 4600.00 4650.00 4700.00 4750.00 4800.00 One Two Child 588 597 607 616 626 635 644 654 663 673 682 691 701 710 720 729 738 748 757 767 776 784 793 802 811 819 828 837 846 854 863 872 881 889 898 907 916 924 933 942 951 959 968 912 927 941 956 971 986 1001 1016 1031 1045 1060 1075 1090 1105 1120 1135 1149 1164 1179 1194 1208 1221 1234 1248 1261 1275 1288 1302 1315 1329 1342 1355 1369 1382 1396 1409 1423 1436 1450 1463 1477 1490 1503 Three Four Children Children 1141 1160 1178 1197 1215 1234 1252 1271 1289 1308 1327 1345 1364 1382 1401 1419 1438 1456 1475 1493 1503 1520 1536 1553 1570 1587 1603 1620 1637 1654 1670 1687 1704 1721 1737 1754 1771 1788 1804 1821 1838 1855 1871 1287 1308 1328 1349 1370 1391 1412 1433 1453 1474 1495 1516 1537 1558 1579 1599 1620 1641 1662 1683 1702 1721 1740 1759 1778 1797 1816 1835 1854 1873 1892 1911 1930 1949 1968 1987 2006 2024 2043 2062 2081 2100 2119 Five Children Six Children 1403 1426 1448 1471 1494 1517 1540 1563 1586 1608 1631 1654 1677 1700 1723 1745 1768 1791 1814 1837 1857 1878 1899 1920 1940 1961 1982 2002 2023 2044 2064 2085 2106 2127 2147 2168 2189 2209 2230 2251 2271 2292 2313 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) 1500 1524 1549 1573 1598 1622 1647 1671 1695 1720 1744 1769 1793 1818 1842 1867 1891 1915 1940 1964 1987 2009 2031 2053 2075 2097 2119 2141 2163 2185 2207 2229 2251 2273 2295 2317 2339 2361 2384 2406 2428 2450 2472 C-73 Combined Monthly Available Income Children One 4850.00 4900.00 4950.00 5000.00 5050.00 5100.00 5150.00 5200.00 5250.00 5300.00 5350.00 5400.00 5450.00 5500.00 5550.00 5600.00 5650.00 5700.00 5750.00 5800.00 5850.00 5900.00 5950.00 6000.00 6050.00 6100.00 6150.00 6200.00 6250.00 6300.00 6350.00 6400.00 6450.00 6500.00 6550.00 6600.00 6650.00 6700.00 6750.00 6800.00 6850.00 6900.00 6950.00 977 986 993 1000 1006 1013 1019 1025 1032 1038 1045 1051 1057 1064 1070 1077 1083 1089 1096 1102 1107 1111 1116 1121 1126 1131 1136 1141 1145 1150 1155 1160 1165 1170 1175 1179 1184 1189 1193 1196 1200 1204 1208 Two Child 1517 1530 1542 1551 1561 1571 1580 1590 1599 1609 1619 1628 1638 1647 1657 1667 1676 1686 1695 1705 1713 1721 1729 1737 1746 1754 1762 1770 1778 1786 1795 1803 1811 1819 1827 1835 1843 1850 1856 1862 1868 1873 1879 Three Four Children Children 1888 1905 1927 1939 1952 1964 1976 1988 2000 2012 2024 2037 2049 2061 2073 2085 2097 2109 2122 2134 2144 2155 2165 2175 2185 2196 2206 2216 2227 2237 2247 2258 2268 2278 2288 2299 2309 2317 2325 2332 2340 2347 2355 2138 2157 2174 2188 2202 2215 2229 2243 2256 2270 2283 2297 2311 2324 2338 2352 2365 2379 2393 2406 2418 2429 2440 2451 2462 2473 2484 2495 2506 2517 2529 2540 2551 2562 2573 2584 2595 2604 2613 2621 2630 2639 2647 Five Children Six Children 2334 2354 2372 2387 2402 2417 2432 2447 2462 2477 2492 2507 2522 2537 2552 2567 2582 2597 2612 2627 2639 2651 2663 2676 2688 2700 2712 2724 2737 2749 2761 2773 2785 2798 2810 2822 2834 2845 2854 2863 2872 2882 2891 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) 2494 2516 2535 2551 2567 2583 2599 2615 2631 2647 2663 2679 2695 2711 2727 2743 2759 2775 2791 2807 2820 2833 2847 2860 2874 2887 2900 2914 2927 2941 2954 2967 2981 2994 3008 3021 3034 3045 3055 3064 3074 3084 3094 C-74 Combined Monthly Available Income Children One 7000.00 7050.00 7100.00 7150.00 7200.00 7250.00 7300.00 7350.00 7400.00 7450.00 7500.00 7550.00 7600.00 7650.00 7700.00 7750.00 7800.00 7850.00 7900.00 7950.00 8000.00 8050.00 8100.00 8150.00 8200.00 8250.00 8300.00 8350.00 8400.00 8450.00 8500.00 8550.00 8600.00 8650.00 8700.00 8750.00 8800.00 8850.00 8900.00 8950.00 9000.00 9050.00 9100.00 1212 1216 1220 1224 1228 1232 1235 1239 1243 1247 1251 1255 1259 1263 1267 1271 1274 1278 1282 1286 1290 1294 1298 1302 1306 1310 1313 1317 1321 1325 1329 1333 1337 1341 1345 1349 1352 1356 1360 1364 1368 1372 1376 Two Child 1885 1891 1897 1903 1909 1915 1921 1927 1933 1939 1945 1951 1957 1963 1969 1975 1981 1987 1992 1998 2004 2010 2016 2022 2028 2034 2040 2046 2052 2058 2064 2070 2076 2082 2088 2094 2100 2106 2111 2117 2123 2129 2135 Three Four Children Children 2362 2370 2378 2385 2393 2400 2408 2415 2423 2430 2438 2446 2453 2461 2468 2476 2483 2491 2498 2506 2513 2521 2529 2536 2544 2551 2559 2566 2574 2581 2589 2597 2604 2612 2619 2627 2634 2642 2649 2657 2664 2672 2680 2656 2664 2673 2681 2690 2698 2707 2716 2724 2733 2741 2750 2758 2767 2775 2784 2792 2801 2810 2818 2827 2835 2844 2852 2861 2869 2878 2887 2895 2904 2912 2921 2929 2938 2946 2955 2963 2972 2981 2989 2998 3006 3015 Five Children Six Children 2900 2909 2919 2928 2937 2946 2956 2965 2974 2983 2993 3002 3011 3020 3030 3039 3048 3057 3067 3076 3085 3094 3104 3113 3122 3131 3141 3150 3159 3168 3178 3187 3196 3205 3215 3224 3233 3242 3252 3261 3270 3279 3289 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) 3103 3113 3123 3133 3142 3152 3162 3172 3181 3191 3201 3211 3220 3230 3240 3250 3259 3269 3279 3289 3298 3308 3318 3328 3337 3347 3357 3367 3376 3386 3396 3406 3415 3425 3435 3445 3454 3464 3474 3484 3493 3503 3513 C-75 Combined Monthly Available Income Children One 9150.00 9200.00 9250.00 9300.00 9350.00 9400.00 9450.00 9500.00 9550.00 9600.00 9650.00 9700.00 9750.00 9800.00 9850.00 9900.00 9950.00 10000.00 1380 1384 1388 1391 1395 1399 1403 1407 1411 1415 1419 1422 1425 1427 1430 1432 1435 1437 Two Child 2141 2147 2153 2159 2165 2171 2177 2183 2189 2195 2201 2206 2210 2213 2217 2221 2225 2228 Three Four Children Children 2687 2695 2702 2710 2717 2725 2732 2740 2748 2755 2763 2767 2772 2776 2781 2786 2791 2795 3023 3032 3040 3049 3058 3066 3075 3083 3092 3100 3109 3115 3121 3126 3132 3137 3143 3148 Five Children Six Children 3298 3307 3316 3326 3335 3344 3353 3363 3372 3381 3390 3396 3402 3408 3414 3420 3426 3432 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) 3523 3532 3542 3552 3562 3571 3581 3591 3601 3610 3620 3628 3634 3641 3647 3653 3659 3666 C-76 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. CHILD SUPPORT GUIDELINES WORKSHEET I, {full legal name} statements are true: , certify that the following FATHER MOTHER 1a. $ 1b. $ 1. PRESENT NET MONTHLY INCOME Enter the amount from line number 27, Section I of O Florida Family Law Rules of Procedure Form 12.902(b) or (c), Financial Affidavit. 2. COMBINED PRESENT NET MONTHLY INCOME Add 1a and 1b. 2. $ 3. BASIC MONTHLY OBLIGATION There is (are) {number} minor child(ren) common to the parties. 3. $ Using the amount on line 2, enter the appropriate amount from the child support guidelines chart. 4. PERCENT OF FINANCIAL RESPONSIBILITY Divide the amount on line 1a. by the amount on line 2 to get Father s percentage financial responsibility. Enter answer on line 4a. 4a. % Divide the amount on line 1b. by the amount on line 2 to get Mother s percentage financial responsibility. Enter answer on line 4b. 5. SHARE OF BASIC MONTHLY OBLIGATION Multiply the number on line 3 by the percent on line 4a to get Father s share of basic obligation. Enter answer on line 5a. Multiply the number on line 3 by the percent on line 4b to get Mother s share of basic obligation. Enter answer on line 5b. 4b. % 5a. $ 5b. $ 6. TOTAL MONTHLY CHILD CARE COSTS Child care costs should not exceed the level required to provide quality care from a licensed source for the child(ren). See section Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) 6. $ C-77 FATHER MOTHER 61.30(7), Fla. Stat. for more information. 7. PERCENTAGE OF CHILD CARE COSTS 7. $ Multiply the amount on line 6 by .75 (to determine 75% of the total child care costs). Enter answer on line 7. Multiply the number on line 4a. by the amount on line 7 to get Father s share of the child care obligation. Enter answer on line 7a. 7a. $ 7b. $ Multiply the number on line 4b. by the amount on line 7 to get Mother s share of the child care obligation. Enter answer on line 7b. 8. TOTAL MONTHLY CHILD(REN) S HEALTH INSURANCE COSTS 8. $ This is only amounts paid for insurance on the child(ren). Enter answer on line 8. Multiply the number on 4a. by the amount on line 8 to get Father s share of the child(ren) s health insurance obligation. Enter answer on line 8a. 8a. $ Multiply the number on 4b. by the amount on line 8 to get Mother s share of the child(ren) s health insurance obligation. Enter answer on line 8b. 8b. $ 9. TOTAL MONTHLY OBLIGATION Add lines 5a, 7a, and 8a to determine Father s total obligation. Enter answer on line 9a. 9a. $ Add lines 5b, 7b, and 8b to determine Mother s total obligation. Enter answer on line 9b. 9b. $ 10. ADJUSTMENTS TO GUIDELINES AMOUNT. If you or the other parent are requesting the Court to award a child support amount that is more or less than the child support guidelines, you must complete and file Motion to Deviate from Child Support Guidelines, O Florida Supreme Court Approved Family Law Form 12.943. [ / one only] a. Deviation from the guidelines amount is requested. The Motion to Deviate from Child Support Guidelines, O Florida Supreme Court Approved Family Law Form 12.943, is attached. b. Deviation from the guidelines amount is NOT requested. The Motion to Deviate from Child Support Guidelines, O Florida Supreme Court Approved Family Law Form 12.943, is not attached. I certify that a copy of this document was [ / one only] ( delivered to the person(s) listed below on {date} ) mailed ( ) faxed and mailed ( . ) hand Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) C-78 Date: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk .] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {state} {name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (9/00) C-79 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(1), MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form should be used when a Petition for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.901(b)(1), has been filed and the parties have reached an agreement on some or all of the issues at hand. This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, an s w e r, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition and/or answer that were filed in this case. Special notes... With this form you must also file a Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), if not already filed. This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-80 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) We, {Husband s full legal name} and {Wife s full legal name} being sworn, certify that the following statements are true: , , 1. We were married to each other on {date} . 2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement. 3. We have both filed a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure. 4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc. SECTION I. MARITAL ASSETS AND LIABILITIES A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: 1. ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both.) 9 Cash (on hand) Current Fair Market Value $ 9 Cash (in banks/credit unions) 9 9 Stocks/Bonds 9 Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-81 ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both.) Current Fair Market Value 9 Notes (money owed to you in writing) 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 Business interests 9 9 Automobiles 9 9 9 Boats 9 Other vehicles 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 9 Collectibles 9 9 Jewelry 9 9 Life insurance (cash surrender value) 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 Other assets 9 9 9 9 9 Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-82 ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both.) Current Fair Market Value 9 Total Assets to Wife $ 2. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s or both.) 9 Cash (on hand) Current Fair Market Value $ 9 Cash (in banks/credit unions) 9 9 Stocks/Bonds 9 9 Notes (money owed to you in writing) 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 Business interests 9 9 Automobiles 9 9 9 Boats 9 Other vehicles 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 9 Collectibles 9 9 Jewelry Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-83 ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s or both.) Current Fair Market Value 9 9 Life insurance (cash surrender value) 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 Other assets 9 9 9 9 9 Total Assets to Husband $ B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows: 1. Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills: LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) 9 Mortgages on real estate: (Home) 9 (Other) 9 9 Charge/credit card accounts Current Amount Owed Monthly Payment $ $ 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/credit union loans 9 9 9 9 Money you owe (not evidenced by a note) 9 Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-84 LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) Current Amount Owed Monthly Payment 9 Judgments 9 9 Other 9 9 9 Total Debts to Be Paid by Wife $ $ Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills: 2. LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND 9 Mortgages on real estate: (Home) Current Amount Owed Monthly (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both.) Payment $ $ 9 (Other) 9 9 Charge/credit card accounts 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/credit union loans 9 9 9 9 Money you owe (not evidenced by a note) 9 9 Judgments 9 9 Other 9 9 9 9 Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-85 LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both.) Total Debts to Be Paid by Husband Current Amount Owed Monthly Payment $ $ C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows: SECTION II. SPOUSAL SUPPORT (ALIMONY) (If you have not agreed on this matter, write n/a on the lines provided.) [ / one only] 1. Each of us forever gives up any right to spousal support (alimony) that we may have. 2. ( ) HUSBAND ( ) WIFE agrees to pay spousal support (alimony) in the amount of $ every ( ) week ( ) other week ( ) month, beginning {date} and continuing until {date or event} . Explain type of alimony (temporary, permanent, rehabilitative, and/or lump sum) and any other specifics: [ / if applies] ( ) Life insurance in the amount of $ be provided by the obligor. to secure the above support, will SECTION III. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION (If you have not reached an agreement on any of these issues, write n/a on the lines provided. The Court reserves the right to modify any agreement(s) concerning the minor child(ren).) 1. 2. The parties minor child(ren) are: Name Birth date Parental responsibility for the minor child(ren) will be: a. shared {explain any exceptions} Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-86 b. sole to ( ) Father ( ) Mother {explain reasons} 3. The primary residential parent will be ( ) Father ( ) Mother and the other parent will be the secondary residential parent OR the primary residential parent will be ( ) undesignated ( ) rotating. 4. Secondary Residential Responsibility, Visitation, or Time Sharing will be as follows: {explain schedule (days and times, holidays, etc.)} {explain how parents will communicate regarding arrangements or any other issues relating to the child(ren)} {explain how parents will handle situations when one parent is unable to meet the schedule, for example, notice requirements to the other parent} {explain how the child(ren) will be exchanged, for example, location(s), by third parties, etc.} {explain any other agreed-upon arrangements} 5. Neither parent shall take the child(ren) from the custody of the other parent or any child care Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-87 provider or other person entrusted by the other parent with the care of the child(ren) without the agreement of the other party during the other party s time of parental responsibility or visitation. SECTION IV. CHILD SUPPORT 1. ( ) Mother ( ) Father will pay child support, under Florida s child support guidelines, section 61.30, Florida Statutes, to the primary residential or sole parent named above. Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is completed and attached. This parent shall be obligated to pay child support in the amount of $ , every ( ) week and continuing until modified by ( ) other week ( ) month, beginning {date} court order, the youngest child turns 18, becomes emancipated, marries, dies, otherwise becomes self-supporting or, if after the age of 18, until {date} . If the child support amount above deviates from the guidelines by 5% or more, explain the reason(s) here: 2. Child Support Arrearage. There currently is a child support arrearage of $ for retroactive child support and/or $ for previously ordered unpaid child support. The total of $ in child support arrearage shall be repaid at the rate of $ every ( ) week ( ) other week ( ) month, beginning {date} , until paid in full including statutory interest. 3. Health Insurance. ( ) Mother ( ) Father will maintain health insurance coverage for the parties minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR ( ) Health insurance is not reasonably available at this time. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall be assessed as follows: a. Shared equally by both parents. b. Prorated according to the child support guideline percentages. c. Other {explain}: As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. 4. Dental Insurance. ( ) Mother ( ) Father will maintain ( ) dental insurance coverage for the parties minor child(ren). The party providing coverage will provide insurance cards to the other party showing coverage. OR ( ) dental insurance is not reasonably available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be assessed as follows: a. Shared equally by both parents. b. Prorated according to the child support guideline percentages. c. Other {explain}: As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph. Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-88 5. Life Insurance. ( ) Mother ( ) Father shall be required to maintain life insurance coverage for until the youngest child the benefit of the parties minor child(ren) in the amount of $ turns 18, becomes emancipated, marries, dies, or otherwise becomes self-supporting. 6. IRS Income Tax Deduction(s). The parent granted primary residential responsibility or sole parental responsibility of the parties minor child(ren) shall have the benefit of any tax deductions for the child(ren) or as follows: {explain} The other parent will convey any applicable IRS form regarding the income tax deduction. 7. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): SECTION V. OTHER SECTION VI. We have not agreed on the following issues: Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-89 I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Husband Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} {state} , {phone} , helped {Husband s name} , who is the [ / one only] petitioner or respondent, fill out this form. I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Wife Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-90 Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} {state} , {phone} , helped {Wife s name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-91 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(2), MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form should be used when a Petition for Dissolution of Marriage with Property but no Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.901(b)(2), has been filed and the parties have reached an agreement on some or all of the issues at hand. This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes, and the instructions for the petition and/or answer that were filed in this case. Special notes... This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-92 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) We, {Husband s full legal name} and {Wife s full legal name} being sworn, certify that the following statements are true: , , 1. We were married to each other on {date} . 2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement. 3. We have both filed a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure. 4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc. SECTION I. MARITAL ASSETS AND LIABILITIES A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s). Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: 1. Current Fair Market Value ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account 9 Cash (on hand) $ 9 Cash (in banks/credit unions) 9 Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-93 ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE Current Fair Market Value (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account 9 Stocks/Bonds 9 9 Notes (money owed to you in writing) 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 Business interests 9 9 Automobiles 9 9 9 Boats 9 Other vehicles 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 9 Collectibles 9 9 Jewelry 9 9 Life insurance (cash surrender value) 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 Other assets 9 9 Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-94 Current Fair Market Value ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account 9 9 9 9 Total Assets to Wife $ Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding 2. these assets: ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s or both.) 9 Cash (on hand) Current Fair Market Value $ 9 Cash (in banks/credit unions) 9 9 Stocks/Bonds 9 9 Notes (money owed to you in writing) 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 Business interests 9 9 Automobiles 9 9 9 Boats 9 Other vehicles 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-95 ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s or both.) Current Fair Market Value 9 Collectibles 9 9 Jewelry 9 9 Life insurance (cash surrender value) 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 Other assets 9 9 9 9 Total Assets to Husband $ B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows: Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills: 1. LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) 9 Mortgages on real estate: (Home) Current Amount Owed Monthly Payment $ $ 9 (Other) 9 9 Charge/credit card accounts 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/credit union loans 9 9 9 Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-96 LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) Current Amount Owed Monthly Payment 9 Money you owe (not evidenced by a note) 9 9 Judgments 9 9 Other 9 9 9 9 Total Debts to Be Paid by Wife $ $ Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills: 2. LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both.) 9 Mortgages on real estate: (Home) 9 (Other) Current Amount Owed Monthly Payment $ $ 9 9 Charge/credit card accounts 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/credit union loans 9 9 9 9 Money you owe (not evidenced by a note) 9 9 Judgments 9 9 Other 9 9 9 Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-97 LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both.) Current Amount Owed Monthly Payment 9 Total Debts to Be Paid by Husband $ $ C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows: SECTION II. SPOUSAL SUPPORT (ALIMONY) (If you have not agreed on this matter, write n/a on the lines provided.) [ / one only] 1. Each of us forever gives up any right to spousal support (alimony) that we may have. 2. ( ) HUSBAND ( ) WIFE agrees to pay spousal support (alimony) in the amount of $ every ( ) week ( ) other week ( ) month, beginning {date} and continuing until {date or event} Explain type of alimony (temporary, permanent, rehabilitative, and/or lump sum) and any other specifics: [ / if applies] ( ) Life insurance in the amount of $ be provided by the obligor. to secure the above support, will SECTION III. OTHER SECTION IV. We have not agreed on the following issues: I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Husband Printed Name: Address: Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-98 City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} {state} , {phone} , helped {Husband s name} , who is the [ / one only] petitioner or respondent, fill out this form. I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Wife Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-99 Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} {state} , {phone} , helped {Wife s name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-100 INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(f)(3), MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE When should this form be used? This form should be used when a Petition for Simplified Dissolution of Marriage, O Florida Family Law Rules of Procedure Form 12.901(a), has been filed and the parties have reached an agreement on all of the issues at hand. This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see chapter 61, Florida Statutes, and the instructions for the petition which was filed in this case. Special notes... This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-101 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE We, {Husband s full legal name} and {Wife s full legal name} being sworn, certify that the following statements are true: , , 1. We were married to each other on {date} . 2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement. 3. We have both filed a Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure. 4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc. SECTION I. MARITAL ASSETS AND LIABILITIES A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s). 1. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets: Current Fair Market Value ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both.) 9 Cash (on hand) $ 9 Cash (in banks/credit unions) 9 9 Stocks/Bonds 9 9 Notes (money owed to you in writing) Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-102 ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both.) Current Fair Market Value 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 Business interests 9 9 Automobiles 9 9 9 Boats 9 Other vehicles 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 9 Collectibles 9 9 Jewelry 9 9 Life insurance (cash surrender value) 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 Other assets 9 9 9 9 9 Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-103 Current Fair Market Value ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described below is wife s, husband s, or both.) 9 Total Assets to Wife $ 2. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets: Current Fair Market Value ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described 9 Cash (on hand) $ 9 Cash (in banks/credit unions) 9 9 Stocks/Bonds 9 9 Notes (money owed to you in writing) 9 9 9 Money owed to you (not evidenced by a note) 9 9 9 Real estate: (Home) 9 (Other) 9 9 Business interests 9 9 Automobiles 9 9 9 Boats 9 Other vehicles 9 9 Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) 9 9 9 Furniture & furnishings in home 9 9 Furniture & furnishings elsewhere 9 9 Collectibles 9 9 Jewelry Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-104 Current Fair Market Value ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any title/deed/account described 9 9 Life insurance (cash surrender value) 9 9 Sporting and entertainment (T.V., stereo, etc.) equipment 9 9 9 9 Other assets 9 9 9 9 Total Assets to Husband $ B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows: Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills: 1. LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) 9 Mortgages on real estate: (Home) Current Amount Owed Monthly Payment $ $ 9 (Other) 9 9 Charge/credit card accounts 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/credit union loans 9 9 9 9 Money you owe (not evidenced by a note) 9 9 Judgments Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-105 LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note, or account described below is wife s, husband s, or both.) Current Amount Owed Monthly Payment 9 9 Other 9 9 9 9 Total Debts to Be Paid by Wife $ $ 2. Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills: LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both.) 9 Mortgages on real estate: (Home) Current Amount Owed Monthly Payment $ $ 9 (Other) 9 9 Charge/credit card accounts 9 9 9 9 9 9 Auto loan 9 Auto loan 9 Bank/credit union loans 9 9 9 9 Money you owe (not evidenced by a note) 9 9 Judgments 9 9 Other 9 9 9 9 9 9 Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-106 LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND (To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account numbers. Where applicable, include whether the name on any mortgage, note or account described below is wife s, husband s, or both.) Total Debts to Be Paid by Husband Current Amount Owed Monthly Payment $ $ C. Contingent Assets and Liabilities (listed in Section III of our Financial Affidavits) will be divided as follows: SECTION II. SPOUSAL SUPPORT (ALIMONY). Each of us forever gives up any right to spousal support (alimony) that we may have. SECTION III. OTHER I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Husband Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-107 BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} a nonlawyer, located at {street} , {city} {state} , {phone} , helped {Husband s name} who is the [ / one only] petitioner or respondent, fill out this form. , , , I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it. Dated: Signature of Wife Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {Wife s name} , who is the [ / one only] petitioner or respondent, fill out this form. Florida Family Law Rules of Procedure Form 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage (9/00) C-108 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(i), AFFIDAVIT OF CORROBORATING WITNESS When should this form be used? This form may be used to prove residency in a dissolution of marriage proceeding. To get a divorce in Florida, either the husband or the wife must have lived in Florida for at least 6 months before filing the petition. Residency may be proved by a valid Florida driver s license, Florida identification card, or voter s registration card (issue date of document must be at least 6 months before the date the case is actually filed with the clerk of the circuit court), or the testimony or affidavit of someone other than you or your spouse. This form is used to prove residency by affidavit. The person signing this form must know that you have lived in the State of Florida for at least 6 months before the date you signed your petition for dissolution of marriage. This form should be typed or printed in black ink, and signed in the presence of a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.021, Florida Statutes or section 61.052(2), Florida Statutes. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness (9/00) C-109 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. AFFIDAVIT OF CORROBORATING WITNESS I, {full legal name} , being sworn, certify that the following statements are true: I am a resident of the State of Florida. I have known {name} since {approximate date} , (more than 6 months before the date of filing the petition in this action) and know of my own personal knowledge that this person has resided in the State of Florida for at least 6 months before the date of this affidavit. I have attached a copy of my Florida driver s license or Florida identification card to this affidavit. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Corroborating Witness STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on Printed Name: Address: City, State, Zip: Telephone Number: by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness (9/00) C-110 IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness (9/00) C-111 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(j), NOTICE OF SOCIAL SECURITY NUMBER When should this form be used? This form must be completed and filed by each party in all paternity, child support, and dissolution of marriage cases, regardless of whether the case involves a minor child(ren) and/or property. This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see sections 61.052 and 61.13, Florida Statutes. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, O Florida Supreme Court Approved Family Law Form 12.980(i). Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.902(j), Notice of Social Security Number (9/00) C-112 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. NOTICE OF SOCIAL SECURITY NUMBER I, {full legal name} , certify that my social security number is , as required in section 61.052(7), sections 61.13(9) or (10), section 742.031(3), sections 742.032(1) (3), and/or sections 742.10(1) (2), Florida Statutes. My date of birth is . [/ one only] 1. This notice is being filed in a dissolution of marriage case in which the parties have no minor children in common. 2. This notice is being filed in a paternity or child support case, or in a dissolution of marriage in which the parties have minor children in common. The minor child(ren)'s name(s), date(s) of birth, and social security number(s) is/are: Name Birth date Social Security Number {Attach additional pages if necessary.} Disclosure of social security numbers shall be limited to the purpose of administration of the Title IV-D program for child support enforcement. Florida Supreme Court Approved Family Law Form 12.902(j), Notice of Social Security Number (9/00) C-113 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this notice and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF ________ Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} a nonlawyer, located at {street} , {city} , {phone} , helped {name} {state} who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.902(j), Notice of Social Security Number (9/00) , , , C-114 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(a), ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE When should this form be used? This form should be used when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing. If you file this form, you are admitting all of the allegations in the petition, saying that you do not need to be notified of or appear at the final hearing, and that you would like a copy of the final judgment mailed to you. This form should be typed or printed in black ink, and your signature should be witnessed by a notary public or deputy clerk. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party s petition. A copy of this form, along with all of the other forms required with this answer and waiver, must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. Special notes... With this form, you must also file the following: C C C C C C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren). Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you). Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Child Custody... By filing this answer and waiver, you are agreeing to any child custody requests in the petition. The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The Instructions for Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (9/00) C-115 purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. C C C C C C C C C Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable visitation Specified visitation Supervised visitation No contact Child Support... By filing this answer and waiver, you are agreeing to any child support requests in the petition. The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... By filing this answer and waiver, you are agreeing to any alimony requests in the petition. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition and should not use this form. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. By filing this answer and waiver, you are agreeing to any requests in the petition regarding division of assets and liabilities. Final Judgment... You should receive a copy of the Final Judgment in the mail. If, for some reason you do not, you should call the clerk s office to request a copy. It is important for you to review a copy of the Instructions for Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (9/00) C-116 Final Judgment in your case to see what happened and to know what you must do and what you are entitled to receive. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (9/00) C-117 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE I, {full legal name} the following information is true: , Respondent, being sworn, certify that 1. Respondent answers the Petition for Dissolution of Marriage filed in this action and admits all the allegations. By admitting all of the allegations in the petition, respondent agrees to all relief requested in the petition including any requests regarding child custody and visitation, child support, alimony, distribution of marital assets and liabilities, and temporary relief. 2. Respondent waives notice of hearing as well as all future notices in connection with the Petition for Dissolution of Marriage, as filed. Respondent also waives appearance at the final hearing. 3. Respondent requests that a copy of the Final Judgment of Dissolution of Marriage entered in this case be forwarded to Respondent at the address below. 4. If this case involves minor child(ren), a completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer. 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer. 6. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), is filed with this answer. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (9/00) C-118 Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and waiver and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Respondent Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , , {phone} , helped {name} , {state} who is the respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (9/00) C-119 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(b), ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage and you wish to admit or deny all of the allegations in the petition but you do not plan to file a counterpetition seeking relief. You can use this form to answer any petition for dissolution of marriage, whether or not there are minor child(ren). This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. This must be done within 20 days of receiving the petition. What should I do next? A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. You have 20 days to answer after being served with the other party s petition. After you file your answer, the case will generally proceed in one of the following two ways: UNCONTESTED... If you file an answer that agrees with everything in the other party s petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the final hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If you file an answer which disagrees with or denies anything in the petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. See chapter 61, Florida Statutes, for more information. Special notes... With this form, you must also file the following: C C C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren). Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you). Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (9/00) C-120 C C C Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Child Custody... If you and your spouse are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren) s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live. Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. C C C C C C C C C Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable visitation Specified visitation Supervised visitation No contact Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in a counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(c)(1), and you cannot use this form. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (9/00) C-121 be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition. O Florida Supreme Court Approved Family Law Form 12.903(c)(1) (with dependent or minor child(ren)), or O Florida Supreme Court Approved Family Law Form 12.903(c)(2) (no dependent or minor child(ren)). If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a), or, if there are no dependent or minor child(ren), Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms. Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(c)(1), and Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(1), Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of Marriage with No Property and No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (9/00) C-122 Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (9/00) C-123 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE I, {full legal name} certify that the following information is true: , Respondent, being sworn, l. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number} . 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number} . 3. I currently am unable to admit or deny the allegations raised in the following paragraphs due to lack of information: {indicate section and paragraph number} . 4. If this case involves a dependent or minor child(ren), a completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer. 5. If this case involves a dependent or minor child(ren), a completed Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is [ / one only] ( ) filed with this answer or ( ) will be filed after the other party serves his or her financial affidavit. 6. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer. 7. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), [ / one only] ( ) is filed with this answer or ( ) will be timely filed. I certify that a copy of this document was [ / one only] ( delivered to the person(s) listed below on {date} ) mailed ( ) faxed and mailed ( ) hand . Petitioner or his/her attorney: Name: Address: City, State, Zip: Fax Number: Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (9/00) C-124 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Respondent Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} {state} , {phone} , helped {name} , who is the respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (9/00) C-125 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(1), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage with dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows: The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). UNCONTESTED... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... With this form, you must also file the following: Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-126 C C C C C C C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d) Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you.) Affidavit of Corroborating Witness, O Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver s license, Florida identification card, or voter s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you have reached an agreement on any or all of the issues. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Child Custody... If you and your spouse are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren) s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live. Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. C C C C C C C Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable visitation Specified visitation Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-127 C C Supervised visitation No contact Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your counterpetition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in your counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including child support, custody, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and visitation with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-128 or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-129 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner/Counter respondent, and , Respondent/Counterpetitioner. ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) I, {full legal name} certify that the following information is true: , Respondent, being sworn, ANSWER TO PETITION l. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number} . 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number} . 3. I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number} . COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN) 1. JURISDICTION/RESIDENCE ( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. Petitioner [ / one only] ( ) is ( ) is not a member of the military service. Respondent [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} 4. (9 / if approximate) DEPENDENT OR MINOR CHILD(REN) Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-130 [ / all that apply] a. The wife is pregnant. Baby is due on: {date} b. The minor (under 18) child(ren) common to both parties are: Name Place of Birth Birth date Sex c. The minor child(ren) born or conceived during the marriage who are not common to both parties are: Name Place of Birth Birth date Sex The birth father(s) of the above minor child(ren) is (are) {name and address} d. The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are: Name Place of Birth Birth date Sex 5. A completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this counterpetition. You must complete and attach this form in a dissolution of marriage with minor child(ren). 6. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition. 7. This counterpetition for dissolution of marriage should be granted because: [ / one only] a. The marriage is irretrievably broken. b. One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached. SECTION I. MARITAL ASSETS AND LIABILITIES [ / one only] 1. There are no marital assets or liabilities. 2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case. [ / all that apply] a. All marital assets and liabilities have been divided by a written agreement between the parties, which is attached to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-131 b. The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. c. Respondent should be awarded an interest in Petitioner s property because: SECTION II. SPOUSAL SUPPORT (ALIMONY) [ / one only] 1. Respondent forever gives up his/her right to spousal support (alimony) from Petitioner. 2. Respondent requests that the Court order Petitioner to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting and Petitioner has the ability to pay that support. Spousal support (alimony) is requested in the amount of $ and continuing until {date every ( ) week ( ) other week ( ) month, beginning {date} or event} . Explain why the Court should order Petitioner to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): [ / if applies] ( ) Respondent requests life insurance on Petitioner s life, provided by Petitioner, to secure such support. SECTION III. CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION 1. The minor child(ren) currently reside(s) with ( ) Mother ( ) Father ( ) Other: {explain} Parental Responsibility. It is in the child(ren) s best interests that parental responsibility be: 2. [ / one only] a. shared by both Father and Mother. b. awarded solely to ( ) Father ( ) Mother. Shared parental responsibility would be detrimental to the child(ren) because: 3. Primary Residential Parent (Custody). It is in the best interests of the child(ren) that the primary residential parent be ( ) Father ( ) Mother ( ) undesignated ( ) rotating because: Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-132 Visitation or Time Sharing. Respondent requests that the court order 4. [ / all that apply] a. no visitation. b. limited visitation. c. supervised visitation. d. supervised or third-party exchange of child(ren). e. visitation or time sharing as determined by the Court. f. a visitation or time sharing schedule as follows: Explain the requested visitation or time sharing schedule: Explain why this request is in the best interests of the child(ren): Has the above visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-133 SECTION IV. CHILD SUPPORT [ / all that apply] 1. Respondent requests that the Court award child support as determined by Florida s child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support should be ordered retroactive to: a. the date of separation {date} . b. the date of the filing of this petition. c. other {date} {explain} 2. Respondent requests that the Court award child support to be paid beyond the age of 18 years because: a. the following child(ren) {name(s)} is (are) dependent because of a mental or physical incapacity which began before the age of 18. {explain} b. the following child(ren) {name(s)} is (are) dependent in fact and is (are) in high school while he/she (they) are between the ages of 18 and 19; said child(ren) is (are) performing in good faith with reasonable expectation of graduation before the age of 19. 3. Respondent requests that the Court award a child support amount that is more than or less than Florida s child support guidelines. Respondent understands that Motion to Deviate from Child Support Guidelines, O Florida Supreme Court Approved Family Law Form 12.943, must be filed before the court will consider this request. 4. Respondent requests that medical/dental insurance coverage for the minor child(ren) be provided by: [ / one only] a. Father. b. Mother. 5. Respondent requests that uninsured medical/dental expenses for the child(ren) be paid: [ / one only] a. by Father. b. by Mother. c. by Father and Mother each paying one-half. d. according to the percentages in the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). e. Other {explain}: 6. Respondent requests that life insurance to secure child support be provided by: a. Father. b. Mother. c. Both. SECTION V. OTHER 1. [If Respondent is also the Wife, / one only] ( ) yes ( ) no Respondent/Wife wants to be known by her former name, which was {full legal name} . Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-134 2. Other relief {specify}: SECTION VI. RESPONDENT S/COUNTERPETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Respondent requests that the Court enter an order dissolving the marriage and: [ / all that apply] 1. distributing marital assets and liabilities as requested in Section I of this petition; 2. awarding spousal support (alimony) as requested in Section II of this petition; 3. establishing the primary residential parent (custody), parental responsibility, and visitation for the dependent or minor child(ren) common to both parties, as requested in Section III of this petition; 4. establishing child support for the dependent or minor child(ren) common to both parties, as requested in Section IV of this petition; 5. restoring Wife s former name as requested in Section V of this petition; 6. awarding other relief as requested in Section V of this petition; and any other terms the Court deems necessary. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Petitioner or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Respondent/Counterpetitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-135 NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk .] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-136 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(2), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage with property but no dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows: The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). UNCONTESTED... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-137 Special notes... With this form, you must also file the following: C C C C C Affidavit of Corroborating Witness, O Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver s license, Florida identification card, or voter s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues. Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in your counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal." Many factors, including alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities. Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for that form. Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-138 Final Judgment Forms... These family law forms contain a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(2). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-139 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner/Counter respondent, and , Respondent/Counterpetitioner. ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) I, {full legal name} certify that the following information is true: , Respondent, being sworn, ANSWER TO PETITION l. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number} . 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number} . 3. I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number} . COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) 1. JURISDICTION/RESIDENCE ( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. Petitioner [ / one only] ( ) is ( ) is not a member of the military service. Respondent [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} 4. (9 / if approximate) THERE ARE NO MINOR (UNDER 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND THE WIFE IS NOT PREGNANT. Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-140 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition. 6. This counterpetition for dissolution of marriage should be granted because: [ / one only] a. The marriage is irretrievably broken. b. One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached. SECTION I. MARITAL ASSETS AND LIABILITIES [ / one only] 1. There are no marital assets or liabilities. 2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case. [ / all that apply] a. All marital assets and liabilities have been divided by a written agreement between the parties, which is attached to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). b. The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. c. Respondent should be awarded an interest in Petitioner s property because: SECTION II. SPOUSAL SUPPORT (ALIMONY) [ / one only] 1. Respondent forever gives up his/her right to spousal support (alimony) from Petitioner. 2. Respondent requests that the Court order Petitioner to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting and Petitioner has the ability to pay that support. Spousal support (alimony) is requested in the amount of $ every ( ) week ( ) other week ( ) month, beginning {date} and continuing until {date or event} . Explain why the Court should order Petitioner to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-141 [ / if applies] ( ) Respondent requests life insurance on Petitioner s life, provided by Petitioner, to secure such support. SECTION III. OTHER 1. [If Respondent is also the Wife, / one only] ( ) yes ( ) no Respondent/Wife wants to be known by her former name, which was {full legal name} . 2. Other relief {specify}: SECTION IV. RESPONDENT S/COUNTERPETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Respondent requests that the Court enter an order dissolving the marriage and: [ / all that apply] 1. distributing marital assets and liabilities as requested in Section I of this petition; 2. awarding spousal support (alimony) as requested in Section II of this petition; 3. restoring Wife s former name as requested in Section III of this petition; 4. awarding other relief as requested in Section III of this petition; and any other terms the Court deems necessary. I certify that a copy of this document was [ / one only] ( delivered to the person(s) listed below on {date} ) mailed ( ) faxed and mailed ( ) hand . Petitioner or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Respondent/Counterpetitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-142 COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(c)(2), Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (9/00) C-143 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(3), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY When should this form be used? This form should be used when you are responding to a petition for dissolution of marriage with no dependent or minor child(ren) or property and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you such as restoring your former name. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party s petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows: The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). UNCONTESTED... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-144 With this form, you must also file the following: C C C C Affidavit of Corroborating Witness, O Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver s license, Florida identification card, or voter s registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court). Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.) Alimony... By using this form, you are forever giving up your rights to spousal support (alimony) from petitioner. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in an appropriate answer and counterpetition (see the other answer and counterpetition forms included in these forms for the appropriate form). Marital/Nonmarital Assets and Liabilities... By using this form, you are stating that there are no marital assets and/or liabilities. Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren) (Uncontested), O Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-145 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner/Counter respondent, and , Respondent/Counterpetitioner. ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY I, {full legal name} certify that the following information is true: , Respondent, being sworn, ANSWER TO PETITION l. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number} . 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number} . 3. I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number} . COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY 1. JURISDICTION/RESIDENCE ( ) Husband ( ) Wife ( ) Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage. 2. Petitioner [ / one only] ( ) is ( ) is not a member of the military service. Respondent [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} (9 / if approximate) Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-146 4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND THE WIFE IS NOT PREGNANT. 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition. 6. THIS COUNTERPETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE: [ / one only] a. The marriage is irretrievably broken. b. One of the parties has been adjudged mentally incapacitated for a period of 3 years before the filing of this counterpetition. A copy of the Judgment of Incapacity is attached. 7. THERE ARE NO MARITAL ASSETS OR LIABILITIES. 8. RESPONDENT FOREVER GIVES UP HIS/HER RIGHTS TO SPOUSAL SUPPORT (ALIMONY) FROM PETITIONER. 9. [If Respondent is also the Wife, / one only] ( ) yes ( ) no Respondent/Wife wants to be known by her former name, which was {full legal name} . 10. Other relief {specify}: RESPONDENT S/COUNTERPETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.) Respondent requests that the Court enter an order dissolving the marriage and: [ / all that apply] 1. restoring Wife s former name as specified in paragraph 9 of this petition; 2. awarding other relief as specified in paragraph 10 of this petition; and any other terms the Court deems necessary. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Petitioner or his/her attorney: Name: Address: City, State, Zip: Fax Number: Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-147 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Respondent Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(c)(3), Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (9/00) C-148 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(d), ANSWER TO COUNTERPETITION When should this form be used? This form should be used by a petitioner to respond to the respondent s counterpetition. You should use this form to admit or deny the allegations contained in the counterpetition. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the case is filed and keep a copy for your records. What should I do next? You have 20 days to answer after being served with the other party s counterpetition. A copy of this form must be mailed or hand delivered to the other party. To proceed with your case, you should refer to the instructions to your petition regarding setting a case for trial under UNCONTESTED and CONTESTED. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(d), Answer to Counterpetition (9/00) C-149 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner/Counter respondent, and , Respondent/Counterpetitioner. ANSWER TO COUNTERPETITION I, {full legal name} the following information is true: , being sworn, certify that l. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: {indicate section and paragraph number} . 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number} . 3. I am currently unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number} . I certify that a copy of this document was [ / one only] ( delivered to the person(s) listed below on {date} ) mailed ( ) faxed and mailed ( ) hand . Respondent or his/her attorney: Name: Address: City, State, Zip: Fax Number: Florida Supreme Court Approved Family Law Form 12.903(d), Answer to Counterpetition (9/00) C-150 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the petitioner, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(d), Answer to Counterpetition (9/00) C-151 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(e), ANSWER TO SUPPLEMENTAL PETITION When should this form be used? This form should be used when you are responding to a supplemental petition for modification of custody or visitation, child support, or alimony. This form is used to admit or deny all of the allegations in the supplemental petition if you do not plan to file a counterpetition. There is no form for a counterpetition to a supplemental petition in these Family Law Forms. If you want to file a counterpetition to a supplemental petition you will need to either seek legal assistance or create a form yourself. You may construct an answer and counterpetition using the pertinent sections contained in the Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.903(c)(1), or Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.903(c)(2). This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the case was filed and keep a copy for your records. This must be done within 20 days of receiving the supplemental petition. What should I do next? A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. Regardless of whether you file a counterpetition, you have 20 days to answer after being served with the other party s supplemental petition. After you file your answer, the case will generally proceed in one of the following two ways: UNCONTESTED... If you file an answer that agrees with everything in the other party s supplemental petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If you file an answer which disagrees with or denies anything in the supplemental petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. If you request the hearing, you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. See chapter 61, Florida Statutes, for more information. Instructions for Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (9/00) C-152 Special notes... With this form, you must also file the following: C C C C C C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves child(ren). Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), if child support is an issue. (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you.) Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed. Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the supplemental petition on you, if not filed at the time you file your answer.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on you, if not filed at the time of you file your answer, unless you and the other party have agreed not to exchange these documents.) Child Custody... If this case involves child custody issue and if you and the other party are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren) s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live. Listed below are some terms with which you should become familiar before completing your supplemental petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. C C C C C C Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable visitation Instructions for Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (9/00) C-153 C C C Specified visitation Supervised visitation No contact Child Support... If this case involves child support issues, the court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Temporary Relief... If you need temporary relief regarding parental responsibility and visitation with child(ren), child support or alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a) or, if you need temporary relief regarding alimony and there are no dependent or minor child(ren), you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms. Settlement Agreement... If you and the other party are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Supplemental Final Judgment Modifying Parental Responsibility/Visitation, O Florida Supreme Court Approved Family Law Form 12.993(a), a Supplemental Final Judgment Modifying Child Support, O Florida Supreme Court Approved Family Law Form 12.993(b), and a Supplemental Final Judgment Modifying Alimony, O Florida Supreme Court Approved Family Law Form 12.993(c), which the judge may use, as appropriate. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these Instructions for Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (9/00) C-154 forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (9/00) C-155 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. ANSWER TO SUPPLEMENTAL PETITION I, {full legal name} the following information is true: , being sworn, certify that l. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Supplemental Petition and, therefore, admit those allegations: {indicate section and paragraph number} . 2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Supplemental Petition and, therefore, deny those allegations: {indicate section and paragraph number} . 3. I currently am unable to admit or deny the following paragraphs due to lack of information: {indicate section and paragraph number} . 4. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), is, or will be, filed. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer, if one has not been previously filed in this case. [ / if applies] 6. This case involves custody or visitation with a minor child(ren), and a completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer. 5. 7. This case involves child support, and a completed Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is filed or will be filed with the court. I certify that a copy of this document was [ / one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (9/00) C-156 Petitioner or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Respondent Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (9/00) C-157 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(a), PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form may be used to ask the court to enter a support order if you and your spouse are separated, and your spouse has the ability to contribute to you and your minor child(ren), but has failed to do so. You can only use this form if a dissolution of marriage has not been filed and the child(ren) live primarily with you. If a petition for dissolution of marriage has been filed, you should file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form. This petition cannot address the issues of property, debts, custody, or visitation. It only deals with alimony and child support. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify the other party in your case of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), after striking through for Dissolution of Marriage and inserting for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. Instructions for Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-158 UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes. Special notes... With this form you must also file the following: C C C C C Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and the other party have agreed not to exchange these documents.) Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), if you are asking that child support be ordered in the final judgment. (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you.) Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), Instructions for Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-159 and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Temporary Relief... If you need temporary relief regarding child support or temporary alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Final Judgment Form... These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.994(a), which the judge may use if your case is contested. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-160 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) I, {full legal name} [ / one only] ( ) Husband ( , the ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes. 2. Petitioner [ / one only] ( ) is ( ) is not a member of the military service. Respondent [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} (9 / if approximate) MINOR CHILD(REN) 4. [ / all that apply] a. The wife is pregnant. The baby is due on: {date} b. The minor (under 18) child(ren) common to both parties are: Name Place of Birth Birth date . Sex c. The minor child(ren) born or conceived during the marriage who are not common to both parties are: Name Place of Birth Birth date Sex The birth father(s) of the above minor child(ren) is (are) {name and address} Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-161 d. The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical incapacity are: Name Place of Birth Birth date Sex 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. 6. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), is, or will be, filed. 7. A completed Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is, or will be, filed. SECTION I. SPOUSAL SUPPORT (ALIMONY) [ / one only] 1. Petitioner does not request spousal support (alimony) from Respondent at this time. 2. Respondent has the ability to contribute to the maintenance of Petitioner and has failed to do so. Petitioner requests that the Court order Respondent to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting. Spousal support (alimony) is requested in the amount of $ every ( ) week ( ) other week ( ) month, beginning {date} , and continuing until {date or event} . Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): [ / if applies] ( ) Petitioner requests life insurance on Respondent s life, provided by Respondent, to secure such support. SECTION II. CHILD SUPPORT Respondent has the ability to contribute to the maintenance of his or her minor child(ren) and has failed to do so. Petitioner has custody of the minor child(ren) or the child(ren) has (have) primary residence with Petitioner. [ / all that apply] 1. Petitioner requests that the Court award child support as determined by Florida s child support guidelines, section 61.30, Florida Statutes. 2. Petitioner requests that the Court award child support to be paid beyond the age of 18 years because: Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-162 a. the following child(ren), {name(s)} , is (are) dependent because of a mental or physical incapacity which began prior to the age of 18 {explain}: . b. the following child(ren), {name(s)} , is (are) dependent in fact and is (are) in high school while he/she (they) are between the ages of 18 and 19; said child(ren) is (are) performing in good faith with reasonable expectation of graduation before the age of 19. 3. Petitioner requests that medical/dental insurance coverage for the minor child(ren) be provided by: [ / one only] a. Father. b. Mother. 4. Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid: [ / one only] a. by Father. b. by Mother. c. by Father and Mother each paying one-half. d. according to the percentages in the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). e. Other {explain}: 5. Petitioner requests that life insurance to secure child support be provided by: a. Father. b. Mother. c. Both. SECTION III. OTHER RELIEF SECTION IV. PETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the order for support.) Petitioner requests that the Court enter an order establishing support and: [ / all that apply] a. awarding spousal support (alimony) as requested in Section I of this petition; b. establishing child support for the minor child(ren) common to both parties, as requested in Section II of this petition; c. awarding other relief as requested in Section III of this petition; and any other terms the Court deems necessary. Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-163 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the petitioner, fill out this form. Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (9/00) C-164 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(b), PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) When should this form be used? This form may be used if you and your spouse are separated, but a dissolution of marriage has not been filed, and you are requesting alimony. If a petition for dissolution has been filed, you should file a Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(c), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form. This petition does not address the issues of property or debts. It only deals with alimony. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify the other party in your case of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), after striking through for Dissolution of Marriage and inserting for Support Unconnected with Dissolution for Marriage with No Dependent or Minor Child(ren). If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (9/00) C-165 UNCONTESTED... If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.09, Florida Statutes. Special notes... With this form you must also file the following: C C C C Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and the other party have agreed not to exchange these documents.) Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Temporary Relief... If you need temporary relief regarding alimony, you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for that form. Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (9/00) C-166 Final Judgment Form... These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.994(b), which the judge may use if your case is contested. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (9/00) C-167 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) I, {full legal name} [ / one only] ( ) Husband ( , the ) Wife, being sworn, certify that the following statements are true: 1. JURISDICTION ( ) Husband ( ) Wife ( ) Both live in Florida at the filing of this Petition for Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes. 2. Petitioner [ / one only] ( ) is ( ) is not a member of the military service. Respondent [ / one only] ( ) is ( ) is not a member of the military service. 3. MARRIAGE HISTORY Date of marriage: {month, day, year} Place of marriage: {city, state, country} Date of separation: {month, day, year} (9 / if approximate) 4. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b)or (c), is, or will be, filed. 5. A completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is, or will be filed. SECTION I. SPOUSAL SUPPORT (ALIMONY) 1. Respondent has the ability to contribute to the maintenance of Petitioner and has failed to do so. Petitioner requests that the Court order Respondent to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting. Spousal support every ( ) week ( ) other week (alimony) is requested in the amount of $ , and continuing until {date or event} ( ) month, beginning {date} . Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (9/00) C-168 [ / if applies] ( ) Petitioner requests life insurance on Respondent s life, provided by Respondent, to secure such support. SECTION II. OTHER RELIEF SECTION III. PETITIONER S REQUEST (This section summarizes what you are asking the Court to include in the order for support.) Petitioner requests that the Court enter an order establishing support and: [ / all that apply] a. awarding spousal support (alimony) pursuant to Section I of this petition; b. awarding other relief as specified in Section II of this petition; and any other terms the Court deems necessary. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (9/00) C-169 I, {full legal name and trade name of nonlawyer} a nonlawyer, located at {street} {state} , {phone} who is the petitioner, fill out this form. , {city} , helped {name} , , , Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) (9/00) C-170 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905(a), SUPPLEMENTAL PETITION TO MODIFY CUSTODY OR VISITATION AND OTHER RELIEF When should this form be used? This form should be used when you are asking the court to change current court-ordered custody or visitation arrangements. The court can change an order granting sharedparental responsibility, including aprimary residential responsibility/custody order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren) s best interests. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED... If the respondent files an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-171 CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... With this form, you must also file the following: C C C C C C C Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d). Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you.) Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed. Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.) Child Custody... If you and the respondent are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren) s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren). Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-172 The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live. Listed below are some terms with which you should become familiar before completing your supplemental petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further. C C C C C C C C C Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable visitation Specified visitation Supervised visitation No contact Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. If you are requesting custody or primary residential responsibility for one or more children, you should request child support in your supplemental petition. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Temporary Relief... If you need temporary relief regarding parental responsibility and visitation with child(ren), or temporary child support, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Settlement Agreement... If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement before a Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-173 notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Supplemental Final Judgment Modifying Parental Responsibility/Visitation, O Florida Supreme Court Approved Family Law Form 12.993(a), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-174 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. SUPPLEMENTAL PETITION TO MODIFY CUSTODY OR VISITATION AND OTHER RELIEF I, {full legal name} the following information is true: , being sworn, certify that 1. The parties to this action were granted a final judgment of ( ) dissolution of marriage ( ) paternity on {date} . A copy of the final judgment and any modification(s) is attached. 2. Paragraph(s) of the ( ) final judgment or ( ) most recent modification thereof describes the present custody and/or visitation ordered. 3. Since the final judgment or last modification thereof, there has been a substantial change in circumstances, requiring a modification in custody or visitation. Those substantial changes are as follows: {explain} 4. I ask the Court to modify the ( 5. This modification is in the best interests of the child(ren) because: {explain} ) custody ( ) visitation as follows: {explain} Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-175 6. If the requested modification is granted, Petitioner requests that child support be modified, consistent with the modification of custody or visitation. A Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. 7. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), is, or will be, filed. 8. A completed Uniform Child Custody Jurisdiction Act (UCCJA) Affidavit, O Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition. 9. If not previously filed in this case, a completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition. 10. Other: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-176 IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.905(a), Supplemental Petition to Modify Custody or Visitation and Other Relief (9/00) C-177 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905(b), SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT When should this form be used? This form should be used when you are asking the court to change a current court-ordered child support obligation. The court can change a child support order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren) s best interests. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED... If the respondent files an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (9/00) C-178 file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... With this form, you must also file the following: C C C C C C Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party s income, you may file this worksheet after his or her financial affidavit has been served on you.) Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed. Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition.) Certificate of Compliance with Mandatory Disclosure , O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.) Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren) s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (9/00) C-179 several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations. Temporary Relief... If you need temporary relief regarding child support, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form. Settlement Agreement... If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Supplemental Final Judgment Modifying Child Support, O Florida Supreme Court Approved Family Law Form 12.993(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (9/00) C-180 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT I, {full legal name} the following information is true: , being sworn, certify that 1. The parties to this action were granted a final judgment ( ) of dissolution of marriage ( paternity ( ) for support unconnected with a dissolution of marriage on {date} A copy of the final judgment and any modification(s) is attached. ) of . 2. Paragraph(s) of the ( ) final judgment or ( ) most recent modification thereof establishes the present child support at $ every ( ) week ( ) other week ( ) month, beginning on {date} . 3. Since the final judgment or most recent modification thereof, there has been a substantial change in circumstances, requiring a modification in child support. This change in circumstance is as follows: {explain} 4. I ask the Court to modify child support as follows: {explain} 5. This change is in the best interests of the child(ren) because: {explain} Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (9/00) C-181 6. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), is, or will be, filed. 7. If not previously filed in this case, a completed Notice of Social Security Number, O Florida Supreme Court Approved Family Law Form 12.902(j), is filed. 8. A Child Support Guidelines Worksheet, O Florida Family Law Rules of Procedure Form 12.902(e), is, or will be, filed. 9. Other: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK Personally known [Print, type, or stamp commissioned name of notary or clerk.] Produced identification Type of identification produced Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (9/00) C-182 IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (9/00) C-183 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905(c), SUPPLEMENTAL PETITION FOR MODIFICATION OF ALIMONY When should this form be used? This form should be used when you are asking the court to change a current court-ordered alimony obligation. The court can change an alimony order if the judge finds that there has been a substantial change in the circumstances of the parties. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file this form in the county where the original order was entered. If the order was entered in another state, or if the respondent lives in another state, you should speak with an attorney about where to file this form. You should file the original with the clerk of the circuit court and keep a copy for your records. What should I do next? For your case to proceed, you must properly notify the other party in your case of the supplemental petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, O Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, O Florida Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, O Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the other party has 20 days to answer after being served with your supplemental petition. Your case will then generally proceed in one of the following three ways: DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, O Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. UNCONTESTED... If the respondent files an answer that agrees with everything in your supplemental petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), O Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your supplemental petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, O Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law Instructions for Florida Supreme Court Approved Family Law Form 12.905(c), Supplemental Petition for Modification of Alimony (9/00) C-184 intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, O Florida Supreme Court Approved Family Law Form 12.903(d). Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... With this form you must also file the following and serve a copy on the other party: C Affidavit of Indigency, O Florida Supreme Court Approved Family Law Form 12.902(a), if you are requesting that filing fees be waived. Settlement Agreement, if you have reached an agreement on any or all of the issues. Although C there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or C (c). (This must be filed within 45 days of service of the supplemental petition on the other party, if not filed at the time of the supplemental petition.) C Certificate of Compliance with Mandatory Disclosure, O Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the other party, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.) Alimony... In order to modify an order for alimony, a judge must find that there has been a substantial change in circumstances. Temporary Relief... If you need temporary relief regarding modification of alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(a), or Motion for Temporary Support with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.947(d), whichever is appropriate. For more information, see the instructions for those forms. Settlement Agreement... If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), O Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing. Final Judgment Form... These family law forms contain a Supplemental Final Judgment Modifying Alimony, O Florida Supreme Court Approved Family Law Form 12.993(c), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you Instructions for Florida Supreme Court Approved Family Law Form 12.905(c), Supplemental Petition for Modification of Alimony (9/00) C-185 to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial. Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, O Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.905(c), Supplemental Petition for Modification of Alimony (9/00) C-186 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. SUPPLEMENTAL PETITION FOR MODIFICATION OF ALIMONY I, {full legal name} the following information is true: , being sworn, certify that 1. The parties to this action were granted a final judgment ( ) of dissolution of marriage ( ) for support unconnected with a dissolution of marriage on {date} . A copy of the final judgment and any modification(s) is attached. 2. Paragraph(s) of the ( ) final judgment or ( ) most recent modification thereof establishes the present alimony at $ every ( ) week ( ) other week ( ) month, beginning on {date} . 3. Since the final judgment or most recent modification thereof, there has been a substantial change in circumstances, requiring a modification in alimony. This change in circumstance is as follows: {explain} 4. I ask the Court to modify alimony as follows: {explain} C-187 5. A completed Family Law Financial Affidavit, O Florida Family Law Rules of Procedure Form 12.902(b) or (c), is, or will be, filed. 6. Other: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ N fill in all blanks] I, {full legal name and trade name of nonlawyer} , , {city} , a nonlawyer, located at {street} , {phone} , helped {name} , {state} who is the [ / one only] petitioner or respondent, fill out this form. Florida Supreme Court Approved Family Law Form 12.905(c), Supplemental Petition for Modification of Alimony (9/00) C-188
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