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| Disclosure - Florida Family Law Rule 12.285 |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
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general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
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The following Family Law Rule lists the documents that are required to be turned over to the opposing party.
Additional information may be requested by the opposing party as well. If you can obtain actual statements for any
documents listed in the rule, whether monthly, quarterly, or annual, then you should obtain and provide these
statements to your attorney. You will want to begin collecting this information as soon as possible. In some cases,
statements will have to be ordered for bank accounts, credit cards, mortgages, pension plans, etc., and it may take
considerable time to obtain all of this documentation.
Family Law Rule 12.285
(a) Application.
(1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving
adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual violence,
and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally,
no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit
money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute.
Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may
be modified by order of the court or agreement of the parties.
(2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court, copies of
documents required under this rule may be produced in lieu of originals. Originals, when available, shall be produced
for inspection upon request. Parties shall not be required to serve duplicates of documents previously served.
(b) Time for Production of Documents.
(1) Temporary Financial Hearings. Any document required under this rule in any temporary financial relief proceeding
shall be served on the other party for inspection and copying as follows.
(A) The party seeking relief shall serve the required documents on the other party with the notice of temporary
financial hearing, unless the documents have been served under subdivision (b)(2) of this rule.
(B) The responding party shall serve the required documents on the party seeking relief on or before 5:00 p.m., 2
business days before the day of the temporary financial hearing if served by delivery or 7 days before the day of the
temporary financial hearing if served by mail, unless the documents have been received previously by the party
seeking relief under subdivision (b)(2) of this rule. A responding party shall be given no less than 12 days to serve the
documents required under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of
documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12 days, the provisions
of subdivision (b)(2) control.
(2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or supplemental
proceeding shall be served on the other party for inspection and copying within 45 days of service of the initial
pleading on the respondent.
(c) Disclosure Requirements for Temporary Financial Relief.
In any proceeding for temporary financial relief heard within 45 days of the service of the initial pleading or within any
extension of the time for complying with mandatory disclosure granted by the court or agreed to by the parties, the
following documents shall be served on the other party:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’
s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s
gross annual income is equal to or more than $50,000. This requirement cannot be waived by the parties. The
affidavit must also be filed with the court.
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the
party or on the party’s behalf for the past year. A party may file a transcript of the tax return as provided by Internal
Revenue Service Form 4506-T in lieu of his or her individual federal income tax return for purposes of a temporary
hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.
(d) Parties’ Disclosure Requirements for Initial or Supplemental Proceedings.
A party shall serve the following documents in any proceeding for an initial or supplemental request for permanent
financial relief, including, but not limited to, a request for child support, alimony, equitable distribution of assets or
debts, or attorneys’ fees, suit money, or costs:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form12.902(b) if the party’
s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s
gross annual income is equal to or more than
$50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court.
A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a
party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of Procedure Form
12.902(c).
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the
party or on the party’s behalf for the past 3 years.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.
(5) A statement by the producing party identifying the amount and source of all income received from any source
during the 3 months preceding the service of the financial affidavit required by this rule if not reflected on the pay stubs
produced.
(6) All loan applications and financial statements prepared or used within the 12 months preceding service of that
party’s financial affidavit required by this rule, whether for the purpose of obtaining or attempting to obtain credit or for
any other purpose.
(7) All deeds within the last 3 years, all promissory notes within the last 12 months, and all present leases, in which
the party owns or owned an interest, whether held in the party’s name individually, in the party’s name jointly with any
other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on
the party’s behalf.
(8) All periodic statements from the last 3 months for all checking accounts, and from the last 12 months for all other
accounts (for example, savings accounts, money market funds, certificates of deposit, etc.), regardless of whether or
not the account has been closed, including those held in the party’s name individually, in the party’s name jointly with
any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name
on the party’s behalf.
(9) All brokerage account statements in which either party to this action held within the last 12 months or holds an
interest including those held in the party’s name individually, in the party’s name jointly with any person or entity, in the
party’s name as trustee or guardian for any other
person, or in someone else’s name on the party’s behalf.
(10) The most recent statement for any profit sharing, retirement, deferred compensation, or pension plan (for
example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the party is a participant or alternate
payee and the summary plan description for any retirement, profit sharing, or pension plan in which the party is a
participant or an alternate payee. (The summary plan description must be furnished to the party on request by the plan
administrator as required by 29 U.S.C. § 1024(b)(4).)
(11) The declarations page, the last periodic statement, and the certificate for all life insurance policies insuring the
party’s life or the life of the party’s spouse, whether group insurance or otherwise, and all current health and dental
insurance cards covering either of the parties and/or
their dependent children.
(12) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an ownership or interest in a
corporation, partnership, or trust greater than or equal to 30%.
(13) All promissory notes for the last 12 months, all credit card and charge account statements and other records
showing the party’s indebtedness as of the date of the filing of this action and for the last 3 months, and all present
lease agreements, whether owed in the party’s name individually, in the party’s name jointly with any other person or
entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s
behalf.
(14) All written premarital or marital agreements entered into at any time between the parties to this marriage, whether
before or during the marriage. Additionally, in any modification proceeding, each party shall serve on the opposing
party all written agreements entered into between them at any time since the order to be modified was entered.
(15) All documents and tangible evidence supporting the producing party’s claim of special equity or nonmarital status
of an asset or debt for the time period from the date of acquisition of the asset or debt to the date of production or from
the date of marriage, if based on premarital acquisition.
(16) Any court orders directing a party to pay or receive spousal or child support.
(e) Duty to Supplement Disclosure; Amended Financial Affidavit.
(1) Parties have a continuing duty to supplement documents described in this rule, including financial affidavits,
whenever a material change in their financial status occurs.
(2) If an amended financial affidavit or an amendment to a financial affidavit is filed, the amending party shall also
serve any subsequently discovered or acquired documents supporting the amendments to the financial affidavit.
(f) Sanctions.
Any document to be produced under this rule that is served on the opposing party fewer than 24 hours before a
nonfinal hearing or in violation of the court’s pretrial order shall not be admissible in evidence at that hearing unless
the court finds good cause for the delay. In addition, the court may impose other sanctions authorized by rule 12.380
as may be equitable under the circumstances. The court may also impose sanctions upon the offending lawyer in lieu
of imposing sanctions on a party.
(g) Extensions of Time for Complying with Mandatory Disclosure.
By agreement of the parties, the time for complying with mandatory disclosure may be extended. Either party may also
file, at least 5 days before the due date, a motion to enlarge the time for complying with mandatory disclosure. The
court shall grant the request for good cause shown.
(h) Objections to Mandatory Automatic Disclosure.
Objections to the mandatory automatic disclosure required by this rule shall be served in writing at least 5 days prior
to the due date for the disclosure or the objections shall be deemed waived. The filing of a timely objection, with a
notice of hearing on the objection, automatically stays mandatory disclosure for those matters within the scope of the
objection. For good cause shown, the court may extend the time for the filing of an objection or permit the filing of an
otherwise untimely objection. The court shall impose sanctions for the filing of meritless or frivolous objections.
(i) Certificate of Compliance.
All parties subject to automatic mandatory disclosure shall file with the court a certificate of compliance, Florida Family
Law Rules of Procedure Form 12.932, identifying with particularity the documents which have been delivered and
certifying the date of service of the financial affidavit and documents by that party. The party shall swear or affirm under
oath that the disclosure is complete, accurate, and in compliance with this rule, unless the party indicates otherwise,
with specificity, in the certificate of compliance. Except for the financial affidavit and child support guidelines
worksheet, no documents produced under this rule shall be filed in the court file without a court order.
(j) Child Support Guidelines Worksheet.
If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child
support a Child Support Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure
Form 12.902(e). This requirement cannot be waived by the parties.
(k) Place of Production.
(1) Unless otherwise agreed by the parties or ordered by the court, all production required by this rule shall take place
in the county where the action is pending and in the office of the attorney for the party receiving production. Unless
otherwise agreed by the parties or ordered by the court, if a party does not have an attorney or if the attorney does not
have an office in the county where the action is pending, production shall take place in the county where the action is
pending at a place designated in writing by the party receiving production, served at least 5 days before the due date
for production.
(2) If venue is contested, on motion by a party the court shall designate the place where production will occur pending
determination of the venue issue.
(l) Failure of Defaulted Party to Comply.
Nothing in this rule shall be deemed to preclude the entry of a final judgment when a party in default has failed to
comply with this rule.
_____________________________________________________________
For more information on Florida divorce and family law, Call the Wilson Law Firm Today at (407) 648-5255 to speak
with an experienced Orlando divorce attorney and Orange County Florida family law lawyer about your situation or to
schedule a Free Initial Consultation. The Wilson Law Firm represents individuals in divorce and family law cases in
the Central Florida area, including the cities of Altamonte Springs, Apopka, Astatula, Bay Lake, Belle Isle, Casselberry,
Celebration, Christmas, Clermont, Eatonville, Edgewood, Eustis, Kissimmee, Lake Buena Vista, Lake Mary,
Longwood, Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter
Park and Winter Springs, as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia
County, Florida.
Additional information may be requested by the opposing party as well. If you can obtain actual statements for any
documents listed in the rule, whether monthly, quarterly, or annual, then you should obtain and provide these
statements to your attorney. You will want to begin collecting this information as soon as possible. In some cases,
statements will have to be ordered for bank accounts, credit cards, mortgages, pension plans, etc., and it may take
considerable time to obtain all of this documentation.
Family Law Rule 12.285
(a) Application.
(1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving
adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual violence,
and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally,
no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit
money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute.
Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may
be modified by order of the court or agreement of the parties.
(2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court, copies of
documents required under this rule may be produced in lieu of originals. Originals, when available, shall be produced
for inspection upon request. Parties shall not be required to serve duplicates of documents previously served.
(b) Time for Production of Documents.
(1) Temporary Financial Hearings. Any document required under this rule in any temporary financial relief proceeding
shall be served on the other party for inspection and copying as follows.
(A) The party seeking relief shall serve the required documents on the other party with the notice of temporary
financial hearing, unless the documents have been served under subdivision (b)(2) of this rule.
(B) The responding party shall serve the required documents on the party seeking relief on or before 5:00 p.m., 2
business days before the day of the temporary financial hearing if served by delivery or 7 days before the day of the
temporary financial hearing if served by mail, unless the documents have been received previously by the party
seeking relief under subdivision (b)(2) of this rule. A responding party shall be given no less than 12 days to serve the
documents required under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of
documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12 days, the provisions
of subdivision (b)(2) control.
(2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or supplemental
proceeding shall be served on the other party for inspection and copying within 45 days of service of the initial
pleading on the respondent.
(c) Disclosure Requirements for Temporary Financial Relief.
In any proceeding for temporary financial relief heard within 45 days of the service of the initial pleading or within any
extension of the time for complying with mandatory disclosure granted by the court or agreed to by the parties, the
following documents shall be served on the other party:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’
s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s
gross annual income is equal to or more than $50,000. This requirement cannot be waived by the parties. The
affidavit must also be filed with the court.
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the
party or on the party’s behalf for the past year. A party may file a transcript of the tax return as provided by Internal
Revenue Service Form 4506-T in lieu of his or her individual federal income tax return for purposes of a temporary
hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.
(d) Parties’ Disclosure Requirements for Initial or Supplemental Proceedings.
A party shall serve the following documents in any proceeding for an initial or supplemental request for permanent
financial relief, including, but not limited to, a request for child support, alimony, equitable distribution of assets or
debts, or attorneys’ fees, suit money, or costs:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form12.902(b) if the party’
s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s
gross annual income is equal to or more than
$50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court.
A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a
party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of Procedure Form
12.902(c).
(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the
party or on the party’s behalf for the past 3 years.
(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared.
(4) Pay stubs or other evidence of earned income for the 3 months prior to service of the financial affidavit.
(5) A statement by the producing party identifying the amount and source of all income received from any source
during the 3 months preceding the service of the financial affidavit required by this rule if not reflected on the pay stubs
produced.
(6) All loan applications and financial statements prepared or used within the 12 months preceding service of that
party’s financial affidavit required by this rule, whether for the purpose of obtaining or attempting to obtain credit or for
any other purpose.
(7) All deeds within the last 3 years, all promissory notes within the last 12 months, and all present leases, in which
the party owns or owned an interest, whether held in the party’s name individually, in the party’s name jointly with any
other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on
the party’s behalf.
(8) All periodic statements from the last 3 months for all checking accounts, and from the last 12 months for all other
accounts (for example, savings accounts, money market funds, certificates of deposit, etc.), regardless of whether or
not the account has been closed, including those held in the party’s name individually, in the party’s name jointly with
any other person or entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name
on the party’s behalf.
(9) All brokerage account statements in which either party to this action held within the last 12 months or holds an
interest including those held in the party’s name individually, in the party’s name jointly with any person or entity, in the
party’s name as trustee or guardian for any other
person, or in someone else’s name on the party’s behalf.
(10) The most recent statement for any profit sharing, retirement, deferred compensation, or pension plan (for
example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in which the party is a participant or alternate
payee and the summary plan description for any retirement, profit sharing, or pension plan in which the party is a
participant or an alternate payee. (The summary plan description must be furnished to the party on request by the plan
administrator as required by 29 U.S.C. § 1024(b)(4).)
(11) The declarations page, the last periodic statement, and the certificate for all life insurance policies insuring the
party’s life or the life of the party’s spouse, whether group insurance or otherwise, and all current health and dental
insurance cards covering either of the parties and/or
their dependent children.
(12) Corporate, partnership, and trust tax returns for the last 3 tax years if the party has an ownership or interest in a
corporation, partnership, or trust greater than or equal to 30%.
(13) All promissory notes for the last 12 months, all credit card and charge account statements and other records
showing the party’s indebtedness as of the date of the filing of this action and for the last 3 months, and all present
lease agreements, whether owed in the party’s name individually, in the party’s name jointly with any other person or
entity, in the party’s name as trustee or guardian for any other person, or in someone else’s name on the party’s
behalf.
(14) All written premarital or marital agreements entered into at any time between the parties to this marriage, whether
before or during the marriage. Additionally, in any modification proceeding, each party shall serve on the opposing
party all written agreements entered into between them at any time since the order to be modified was entered.
(15) All documents and tangible evidence supporting the producing party’s claim of special equity or nonmarital status
of an asset or debt for the time period from the date of acquisition of the asset or debt to the date of production or from
the date of marriage, if based on premarital acquisition.
(16) Any court orders directing a party to pay or receive spousal or child support.
(e) Duty to Supplement Disclosure; Amended Financial Affidavit.
(1) Parties have a continuing duty to supplement documents described in this rule, including financial affidavits,
whenever a material change in their financial status occurs.
(2) If an amended financial affidavit or an amendment to a financial affidavit is filed, the amending party shall also
serve any subsequently discovered or acquired documents supporting the amendments to the financial affidavit.
(f) Sanctions.
Any document to be produced under this rule that is served on the opposing party fewer than 24 hours before a
nonfinal hearing or in violation of the court’s pretrial order shall not be admissible in evidence at that hearing unless
the court finds good cause for the delay. In addition, the court may impose other sanctions authorized by rule 12.380
as may be equitable under the circumstances. The court may also impose sanctions upon the offending lawyer in lieu
of imposing sanctions on a party.
(g) Extensions of Time for Complying with Mandatory Disclosure.
By agreement of the parties, the time for complying with mandatory disclosure may be extended. Either party may also
file, at least 5 days before the due date, a motion to enlarge the time for complying with mandatory disclosure. The
court shall grant the request for good cause shown.
(h) Objections to Mandatory Automatic Disclosure.
Objections to the mandatory automatic disclosure required by this rule shall be served in writing at least 5 days prior
to the due date for the disclosure or the objections shall be deemed waived. The filing of a timely objection, with a
notice of hearing on the objection, automatically stays mandatory disclosure for those matters within the scope of the
objection. For good cause shown, the court may extend the time for the filing of an objection or permit the filing of an
otherwise untimely objection. The court shall impose sanctions for the filing of meritless or frivolous objections.
(i) Certificate of Compliance.
All parties subject to automatic mandatory disclosure shall file with the court a certificate of compliance, Florida Family
Law Rules of Procedure Form 12.932, identifying with particularity the documents which have been delivered and
certifying the date of service of the financial affidavit and documents by that party. The party shall swear or affirm under
oath that the disclosure is complete, accurate, and in compliance with this rule, unless the party indicates otherwise,
with specificity, in the certificate of compliance. Except for the financial affidavit and child support guidelines
worksheet, no documents produced under this rule shall be filed in the court file without a court order.
(j) Child Support Guidelines Worksheet.
If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child
support a Child Support Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure
Form 12.902(e). This requirement cannot be waived by the parties.
(k) Place of Production.
(1) Unless otherwise agreed by the parties or ordered by the court, all production required by this rule shall take place
in the county where the action is pending and in the office of the attorney for the party receiving production. Unless
otherwise agreed by the parties or ordered by the court, if a party does not have an attorney or if the attorney does not
have an office in the county where the action is pending, production shall take place in the county where the action is
pending at a place designated in writing by the party receiving production, served at least 5 days before the due date
for production.
(2) If venue is contested, on motion by a party the court shall designate the place where production will occur pending
determination of the venue issue.
(l) Failure of Defaulted Party to Comply.
Nothing in this rule shall be deemed to preclude the entry of a final judgment when a party in default has failed to
comply with this rule.
_____________________________________________________________
For more information on Florida divorce and family law, Call the Wilson Law Firm Today at (407) 648-5255 to speak
with an experienced Orlando divorce attorney and Orange County Florida family law lawyer about your situation or to
schedule a Free Initial Consultation. The Wilson Law Firm represents individuals in divorce and family law cases in
the Central Florida area, including the cities of Altamonte Springs, Apopka, Astatula, Bay Lake, Belle Isle, Casselberry,
Celebration, Christmas, Clermont, Eatonville, Edgewood, Eustis, Kissimmee, Lake Buena Vista, Lake Mary,
Longwood, Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter
Park and Winter Springs, as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia
County, Florida.
Orange County Florida Divorce Attorney & Orlando Divorce Lawyer -
| Call Today: (407) 648-5255 |
Orlando Divorce Attorney & Orange County FL Family Law Lawyer
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| Orlando Divorce Lawyer |
The Law Firm handles Divorce and
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.
Family Law cases in the Orlando and
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Divorce Lawyer.