Florida Divorce & Financial Affidavit
by Anonymous from Hollywood, Florida, Broward County
My spouse was served with the petition for dissolution of marriage on March 11, 2011.
He then had his lawyer file a petition for dismissal because I had not included the financial affidavit, which I filed on April 6, 2011.
I just received his financial affidavit yesterday, May 11, and it is incomplete & contains incorrect information & in some instances misleading data.
In addition to it being 2 weeks late, he did not give me any pay-stubs, 2 alternating months of banking accounts, and only 2010 W2's & 1040's. What should be my next step?
Answer to Florida Divorce Question
Unfortunately people love playing cat and mouse with their financial information.
Both parties are required to provide their financial affidavits.
You were actually in compliance, because the rule is that you must provide your financial affidavit within 45 days of the other party being served if not provided with the initial documents.
Your ex doesn't necessarily have to provide documentation supporting his financial affidavit, unless you have formally requested it. He is, however, required to provide his financial affidavit, with correct information.
If you have not done so, you can send him the Standard Family Law Interrogatories
and request the documentation which he did not provide. You may also ask additional questions, not included on the form. The form for family law interrogatories and others are on the Florida Supreme Court's website, www.flcourts.org.
If he still refuses to comply, you can file a Motion to Compel, which asks the court to make him comply.
You could also file a Motion for Contempt, if he continually refuses to provide the correct informationNotice:
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