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. He then had his lawyer file a petition for dismissal because I had not included the financial affidavit, which I filed on April 6.

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

Dear Anonymous,

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 information

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Florida Divorce & Financial Affidavit

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Respondent Filed Financial Affidavit
by: Han from Florida

I filed the petition of divorce without children and common assets. We were just married for six months. She responded to the court and mailed to me the notarized financial affidavit. She said she has no income on that. My question is, can I still file the motion of default in this case? Thank you very much for your help.

--The Motion for Default is used when the Respondent does not answer the Petition. It does not make sense to me that she filed the financial affidavit without also filing an answer. If you are in agreement, you can ask her to file the Answer, Waiver, and Request for Copy, Form 12.903(a). This will allow you to ask for a final hearing. --Staff

Tax Filing Immediately After Divorce
by: Doug from Florida

The husband earned 100% of the income in 2011. All W-2s are in his name. The divorce was finalized halfway through the year (June 30, 2011). The husband then pays alimony for the remaining six months. They must each file single returns for 2011. What income must the wife report in 2011?

Is it true that she would report 50% of the income total family's income during the 6 months they were married? And then the alimony received during the remaining 6 months?

--This is an income tax question. I really don't know. I suggest you use a reputable premium income tax software like TurbTax or H&R Block. You can also get a professional tax preparer to help you. --Staff

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