Every party to a family law case must comply with production of Mandatory Disclosure. This is pursuant to Florida Rule of Family Procedure 12.285. A party has 45 days from the date they were served or from the date they served the other side to produce certain documents.
Parties are REQUIRED to produce these documents in every family law case and failure to produce them or disclosure information could a) land you in contempt of court and responsible for fees and 2) undo any agreement you may have reached or order entered.
Part of what is required is the filing of a financial affidavit. This can either be a long form (for those who make more than $50,000) or a short form (for those who make less than $50,000). These forms can seem complicated and overwhelming. If you have an attorney, the attorney will provide you with assistance.
You MUST be honest and forthcoming in both the financial affidavit and the resent of mandatory disclosure. You also MUST update both financial affidavit and your document disclosure as things change in your financial life.
Financial disclosure is just one confusing aspect of family law cases that having an attorney can help you be prepared for. Our office is always available for free consultations.
DOCUMENTS NECESSARY FOR MANDATORY DISCLOSURE:
- All federal and state income tax returns for the past 3 years.
- W-2, 1099, and K-1 for the past year,
- Pay stubs for 3 months
- A statement by the producing party identifying the amount and source of all income received from any source
- All loan applications and financial statements prepared or used within the 12 months
- All deeds within the last 3 years, and all present leases
- All periodic statements from the last 3 months for all checking accounts, and from the last 12 months for all other accounts
- All brokerage account statements
- The most recent statement for any profit sharing, retirement, deferred compensation, or pension plan
- The declarations page, the last periodic statement, and the certificate for all life insurance policies
- Corporate, partnership, and trust tax returns for the last 3 tax years i
- All written premarital or marital agreements
- Any court orders directing a party to pay or receive spousal or child support.