- The Florida Family Law Rules of Procedure mandate the automatic disclosure of certain information by both the Petitioner and the Respondent in cases involving the family. As your case progresses, there maybe additional requests for documentation from the opposing side, but the items set forth below are part of what is called “mandatory disclosure”.
- The documents set forth below must be provided to opposing counsel within 45 days from service of the initial pleading upon your spouse (or former spouse).The only deviation from this is if a Temporary Relief Hearing is scheduled prior to the 45 day exchange period. If that is the case, the party seeking Temporary Relief must provide the documents to the opposing party with the Notice of Temporary Financial Relief Hearing; the opponent must provide the documents on or before 5:00 p.m., 2 business days before the day of the hearing. (If this exception applies to you, you will be notified by our office. Unless we advise you to the contrary, you may assume the 45 day time limit applies to you.
- In order to provide our office staff sufficient time within which to prepare your formal response to the opposing side, it will be necessary for you to provide the required documents to our office within 35 days of service of the initial pleading upon your spouse. Kindly drop-off the required documents to our office or email the required documents to email@example.com
- Mark directly on the list below what items you are producing, those that you are not, those documents that do not exist, and those that are in the possession of some third party (ie. your spouse or accountant). Once you have compiled this information, please contact our office to schedule a time for you to deliver same.
- Should you have any questions, please feel free to call.
FOR INITIAL, SUPPLEMENTAL, AND PERMANENT FINANCIAL RELIEF:(45 day time limit.)
- Financial Affidavit (Filing of a Financial Affidavit cannot be waived.)
- Child Support Guidelines Worksheet, if child support is involved.
- All federal and state tax income returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years.
- IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared.
- Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.
- A statement identifying the source and amount of all income for the 3 months before the service of the financial affidavit, if not reflected on the pay stubs produced.
- All loan applications and financial statements prepared for any purpose or used for any purpose within the 12 months preceding the service of the financial affidavit.
- All deeds to real estate in which I presently own or owned an interest within the past 3 years. All promissory notes in which I presently own or owned an interest within the last 12 months. All present leases in which I own an interest.
- All periodic statements for the last 3 months for all checking accounts and for the last year for all savings accounts, money market funds, certificates of deposit, etc.
- All brokerage account statements for the last 12 months.
- Most recent statement for any pension, profit sharing, deferred compensation, or retirement plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, etc.) and summary plan description for any such plan in which I am a participant or alternate payee.
- The declarations page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring my life or the life of my spouse and all health and dental insurance cards covering either of me or my spouse and/or our dependent child(ren).
- Corporate, partnership, and trust tax returns for the last 3 tax years, in which I have an ownership or interest greater than or equal to 30%.
- All credit card and charge account statements and other records showing the my (our) indebtedness as of the date of the filing of this action and for the prior 3 months. All promissory notes on which I presently owe or owed within the past year. All lease agreements I presently owe.
- All premarital and marital agreements between the parties to this case.
- If a modification proceeding, all written agreements entered into between the parties at any time since the order to be modified was entered.
- All documents and tangible evidence relating to claims for special equity or nonmarital status of an asset or debt.
- Any court order directing that I pay or receive spousal support (alimony) or child support.
FOR TEMPORARY FINANCIAL RELIEF, ONLY:
(Produced with notice of hearing by party
seeking relief; Or produced 2 business days prior to hearing by opponent.)
- a. Financial Affidavit
- b. Child Support Guidelines Worksheet if child support involved.
- c. ( ) All personal (1040) federal tax, gift tax, and intangible personal property tax returns for the preceding year; or
- ( ) Transcript of tax return as provided by IRS form 4506; or
- ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared.
- d. Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.