What are mandatory disclosures in Family Law cases?

Florida law requires each party to a family law case to provide certain financial documentation to the other party so that each will be fully informed about the financial circumstances of the other. These documents are labeled as Mandatory Disclosures, and must be served on the other party within 45 days of service of the initiation of the family case (such as a petition for dissolution of marriage) or supplemental petition for modification (changes in previous order or agreement) on the respondent.

Florida Family Court Rule of Procedure 12.285 lists the specific documents that must be exchanged as mandatory disclosures, and the time frame for when they must be provided. In many cases, however, it is not necessary to provide all of the documents listed in the Rule. For example, parties may waive exchanging all documents if they: 1) have entered an agreement which resolves all issues; 2) are satisfied that the agreement is fair; and 3) fully understood the financial circumstances of the opposing party at the time of making the Agreement.

Mandatory Disclosure Checklist:

1. FOR TEMPORARY FINANCIAL RELIEF, ONLY:

  • Financial Affidavit
  • 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-T; 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.
  • Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.

2. FOR INITIAL, SUPPLEMENTAL, AND PERMANENT FINANCIAL RELIEF:

  • Financial Affidavit
  • All personal (1040) federal and state income tax 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 either party presently owns or owned an interest within the past 3 years. All promissory notes in which either party presently owns or owned an interest within the last 12 months.
  • All present leases in which either party owns 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 either party is a participant or alternate payee.
  • The declaration page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring the life of either party.
  • All health and dental insurance cards covering either party and/or a dependent child(ren) to the action.
  • Corporate, partnership, and trust tax returns for the last 3 tax years, in which either party has an ownership or interest greater than or equal to 30%.
  • All credit card and charge account statements and other records showing indebtedness as of the date of the filing of the action and for the prior 3 months. All promissory notes on which either party presently owes or owned within the past year. All lease agreements each party presently owes.
  • All premarital and marital agreements between the parties.
  • 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 an unequal distribution of marital property, enhancement or appreciation in nonmarital property, or nonmarital status of an asset or debt.
  • Any court order directing that either party pay or receive spousal support (alimony) or child support.

Mandatory Disclosures in Temporary Support Hearings:

The party seeking temporary financial support must serve their mandatory disclosures on the other party with the notice of temporary financial hearing. The responding party must serve the required documents on the party seeking temporary relief. Service by e-mail or mail shall be at least 7 days before the temporary financial relief hearing. Service by delivery shall be no later than 5:00 p.m., 2 business days before the hearing.

Click here for a printable, easy on the eye Mandatory Disclosures Checklist for initial, supplemental, and permanent financial relief.

Click here for a printable, easy on the eye Mandatory Disclosures Checklist for temporary relief only.

Conclusion

If you have questions about mandatory disclosures or discovery in divorce proceedings, it’s best to ask a qualified family law attorney. Schedule a consultation with one of our attorneys today to review the issues of your position, the legal options you may have, and certain rights that pertain to your unique situation.

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney.  You should not act upon any such information without first seeking qualified professional counsel on your specific matter.  The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. Feel free to contact us if you need legal assistance.

Posted by

Legal Lotus, P.A. is a Miami-based law firm specializing in family law, civil litigation, and the drafting of contracts, partnerships, and wills.

Leave a Reply