Opinion

Amendments to Approved Family Law Forms

20 So. 3d 173

Court: Supreme Court of Florida
Filed: Mar 26, 2009
Status: Published
On the bench: Per Curiam
Cited by: 0 cases
Authority: More cited than 43.8%

The opinion

20 So.3d 173 (2009)

In re AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS.

No. SC08-2058.

Supreme Court of Florida.

March 26, 2009.

PER CURIAM.

During the 2008 legislative session, the Legislature amended numerous sections of chapter 61, Florida Statutes, redesignating it "Dissolution of Marriage; Support; Time-sharing," and amended various sections of chapters 409, 414, 445, 741, 742, 753, and 827, Florida Statutes. See ch. 2008-61, Laws of Fla. (effective October 1, 2008). In general, this legislation removes references to the concepts of "custody," "primary or secondary residential parent," "visitation," and the like, and instead incorporates the concepts of "time-sharing" and a "parenting plan." The statutes now require the court to approve or establish a "parenting plan" which governs how divorced parents will share the responsibilities of childrearing and decision making with regard to the child and sets forth a "time-sharing" schedule. Ch. 2008-61, §§ 2, 8, Laws of Fla. (amending §§ 61.046 and 61.13, Fla. Stat. (2007)). This legislation affects the Florida Supreme Court Approved Family Law Forms.

Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 14 (Fla.2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and determined that both new forms and amendments to existing forms are necessary as a result of the legislation. Input on this issue was received from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, which provided valuable assistance.

The majority of the amendments to existing forms simply conform them to the change in terminology accomplished by chapter 2008-61 and incorporate the concepts of time-sharing and the parenting plan. [1] Two of the new forms are parenting plan forms, form 12.995(a) (Parenting Plan (non-supervised)), and form 12.995(b) *174 (Parenting Plan (supervised/safety focused)). The third new form is form 12.993(d) (Supplemental Temporary Judgment for Modification of Parenting Issues for Children of Military Parents) in accord with various amendments to section 61.13002, Florida Statutes. See ch. 2008-61, § 10, Laws of Fla.

The new and amended forms are adopted as set forth in the appendix to this opinion, fully engrossed, effective for immediate use. Due to the number of amendments and new forms, we direct that they be published for comment. A publication notice will appear in The Florida Bar News. The forms will be posted on this Court's website at www.florida supremecourt.org/decisions/rules.shtml. Interested persons shall have sixty days from the date of this opinion to file comments with the Court. By adoption of these forms, we express no opinion as to their correctness or applicability, or on the substance of the new legislation. The forms discussed herein may also be accessed and downloaded from this Court's website at www.flcourts.org/gen_public/family/forms_rules/index.shtml.

It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.

PERRY, J., did not participate.

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.901(b)(1),

PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09)

When should this form be used?

This form should be used when a husband or wife is filing for a dissolution of marriage and you and your spouse have a dependent or minor child(ren) together or the wife is pregnant. You and/or your spouse must have lived in Florida for at least 6 months before filing for a dissolution in Florida. You must file this form if the following is true:

You and your spouse have a dependent or minor child(ren) together or the wife is pregnant.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

*175 What should I do next?

For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the respondent has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT. If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED. If your spouse files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED. If your spouse files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information?

Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see chapter 61, Florida Statutes.

*176 Special notes...

If you do not have the money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.

If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).

With this form, you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if you are asking that child support be ordered in the final judgment. (If you do not know your spouse's income, you may file this worksheet after his or her financial affidavit has been served on you.)

Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida driver's license, Florida identification card, or voter's registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you and your spouse have reached an agreement on any or all of the issues.

Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed with the petition if the petitioner seeks to establish child support. Otherwise, it must be filed within 45 days of service of the petition on the respondent.)

Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and your spouse have agreed not to exchange these documents.)

Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a)or Supervised/Safety Focused Parenting Plan, Form 12.995(b) If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.

Parenting Plan and Time-Sharing. If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation *177 and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

A parenting course must be completed prior to entry of the final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Listed below are some terms with which you should become familiar before completing your petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further.

Shared Parental Responsibility

Sole Parental Responsibility

Supervised Time-Sharing

No contact

Parenting Plan

Parenting Plan Recommendation

Time-Sharing Schedule

Child Support. The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Alimony. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in the original petition or counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony. Marital/Nonmarital Assets and Liabilities. Florida law requires an equitable distribution of marital assets and marital liabilities. "Equitable" does not necessarily mean "equal." Many factors, including child support, time-sharing, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Temporary Relief. If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or *178 Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form.

Marital Settlement Agreement. If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both of you must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Parenting Plan. In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved or established by the court. If you and your spouse have reached an agreement, you should file a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), or a Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b) which addresses the time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting Plan may be filed. If the parties are unable to agree, a Parenting Plan will be established by the court.

Final Judgment Form. These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties' names, and leave the rest blank for the judge to complete at your hearing or trial.

Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) (03/09)

IN THE CIRCUIT COURT OF THE _______________ JUDICIAL CIRCUIT,

IN AND FOR _______________COUNTY, FLORIDA

Case No.: ___________________________

Division: ___________________________

____________________________________,

Petitioner,

*179

and

____________________________________,

Respondent.

PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

I, { full legal name } _____________________, the [one only] () Husband () Wife, being sworn, certify that the following statements are true:

1. JURISDICTION/RESIDENCE () Husband () Wife () Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. The husband [one only] () is () is not a member of the military service. The wife [one only] () is () is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage: { month, day, year } _______________________________________

Place of marriage: { city, state, country } __________________________________

Date of separation: { month, day, year } ______________(&check; if approximate)

4. DEPENDENT OR MINOR CHILD(REN) [all that apply]

a. ___ The wife is pregnant. Baby is due on: { date } _________

b. ___ The minor (under 18) child(ren) common to both parties are:

Name Place of Birth Birth date Sex

________________ ________________ ___________ __________

c. ___ The minor child(ren) born or conceived during the marriage who are not common to both parties are:

Name Place of Birth Birth date Sex

________________ ________________ ___________ __________

The birth father(s) of the above minor child(ren) is (are) { name and address } ________

_______________________________________________________________________________________________

d. ___ The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are:

Name Place of Birth Birth date Sex

________________ ________________ ___________ __________

5. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition. (You must complete and attach this form in a dissolution of marriage with minor child(ren)).

6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.

7. This petition for dissolution of marriage should be granted because: [one only]

a. ___ The marriage is irretrievably broken.

b. ___ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this petition. A copy of the Judgment of Incapacity is attached.

SECTION I. MARITAL ASSETS AND LIABILITIES [one only]

*180 1. ___ There are no marital assets or liabilities.

2. ___ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case.

[&check; all that apply]

a. ___ All marital assets and liabilities have been divided by a written agreement between the parties, which is attached, to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1).

b. ___ The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes.

c. ___ Petitioner should be awarded an interest in Respondent's property because:

_________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY) [one only]

1. ___ Petitioner forever gives up his/her right to spousal support (alimony) from Respondent.

2. ___ Petitioner requests that the Court order Respondent to pay the following spousal support (alimony) and claims that he or she has a need for the support that he or she is requesting and Respondent has the ability to pay that support. Spousal support (alimony) is requested in the amount of $____ every () week () other week () month, beginning { date } ___ and continuing until { date or event } _____________________________.

Explain why the Court should order Respondent to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): __________________

_________________________________________________________________________________

[&check; if applies] ( ) Petitioner requests life insurance on Respondent's life, provided by Respondent, to secure such support.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY, AND TIME-SHARING

1. The minor child(ren) currently reside(s) with () Mother () Father () Other: { explain }

_________________________________________________________________________

2. Parental Responsibility. It is in the child(ren)'s best interests that parental responsibility be: [&check; one only]

a. ___ shared by both Father and Mother.

b. ___ awarded solely to () Father () Mother. Shared parental responsibility would be detrimental to the child(ren) because: _______________________________________________________________

__________________________________________________________________________

3. Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be ordered to comply with a Parenting Plan that () includes () does not include parental time-sharing with the child(ren). The Petitioner states that it is in the best interests of the child (ren) that:

(Choose only one)

a. ___ The attached proposed Parenting Plan should be adopted by the court. The parties () have () have not agreed to the Parenting Plan.

b. ___ The court should establish a Parenting Plan with the following provisions:

[] No time-sharing for the ___ Husband ___ Wife.

*181

[] Limited time-sharing with the ____ Husband ____ Wife.

[] Supervised Time-Sharing for the ____ Husband ____ Wife.

[] Supervised or third-party exchange of the child(ren).

[] Time-Sharing Schedule as follows:

___________________________________________________________

____________________________________________________________

4. Explain why this request is in the best interests of the child(ren): ____________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

SECTION IV. CHILD SUPPORT

[all that apply]

1. ____ Petitioner requests that the Court award child support as determined by Florida's child

support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines

Worksheet,

Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support

should be ordered retroactive to:

a. ____ the date of separation { date } ______

b. ____ the date of the filing of this petition.

c. ____ other { date } ______ { explain } _____

2. ____ Petitioner requests that the Court award child support to be paid beyond the age of 18 years

because:

a. ____ the following child(ren) { name(s) } ________________ is (are) dependent because

of a mental or physical incapacity which began before the age of 18. { explain } ____

____________________________________________________________________________________________

b. ____ the following child(ren) { name(s) } ________________ is (are) dependent in fact

and is (are) in high school while he/she (they) are between the ages of 18 and 19; said

child(ren) is (are) performing in good faith with reasonable expectation of graduation

before the age of 19.

3. ____ Petitioner requests that the Court award a child support amount that is more than or less

than Florida's child support guidelines. Petitioner understands that Motion to Deviate from

Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, must

be filed before the court will consider this request.

4. ____ Petitioner requests that medical/dental insurance coverage for the minor child(ren) be

provided by:

[one only]

a. ____ Father.

b. ____ Mother.

5. ____ Petitioner requests that uninsured medical/dental expenses for the child(ren) be paid:

[one only]

a. ____ by Father.

b. ____ by Mother.

c. ____ by Father and Mother [each pay one-half].

d. ____ according to the percentages in the Child Support Guidelines Worksheet, Florida Family

Law Rules of Procedure Form 12.902(e).

e. ____ Other { explain } : _____________________________________________

________________________________________________________________________

6. Petitioner requests that life insurance to secure child support be provided by:

a. ____ Father.

b. ____ Mother.

c. ____ Both.

SECTION V. OTHER

1. [If Petitioner is also the Wife, please indicate by either () yes () or no whether Petitioner/Wife wants to be known by her former name, which was { full legal name } ________________________________.

*182 2. Other relief { specify } :

_______________________________________________________________________________

SECTION VI. PETITIONER'S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

Petitioner requests that the Court enter an order dissolving the marriage and:

[all that apply]

1. ____ distributing marital assets and liabilities as requested in Section I of this petition;

2. ____ awarding spousal support (alimony) as requested in Section II of this petition;

3. ____ adopt or establish a Parenting Plan containing provisions for parental responsibility and time-sharing

for the dependent or minor child(ren) common to both parties, as requested in Section

III of this petition;

4. ____ establishing child support for the dependent or minor child(ren) common to both parties, as

requested in Section IV of this petition;

5. ____ restoring Wife's former name as requested in Section V of this petition;

6. ____ awarding other relief as requested in Section V of this petition; and any other terms the

Court deems necessary.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: __________________________ ___________________________________

Signature of Petitioner

Printed Name: _____________________

Address: __________________________

City, State, Zip: _________________

Telephone Number: _________________

Fax Number: _______________________

STATE OF FLORIDA

COUNTY OF ____________

Sworn to or affirmed and signed before me on ______ by ________________________.

___________________________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

____________________________________________________________________

[Print, type, or stamp commissioned name of notary or deputy clerk.]

____ Personally known

____ Produced identification

Type of identification produced ______________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, { full legal name and trade name of nonlawyer } ___________________________, a nonlawyer, located at { street } ______________, { city } ________________, { state } _________, { phone } _________, helped { name } ___________, who is the petitioner, fill out this form.

*183 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(d), UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT (03/09)

When should this form be used?

This form should be used in any case involving custody of, visitation with, or time-sharing with any minor child(ren). This affidavit is required even if the custody of, visitation, or time-sharing with the minor child(ren) are not in dispute.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers.

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see sections 61.501-61.542, Florida Statutes.

Special notes...

If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(i), you should write confidential in any space on this form that would require you to write the address where you are currently living.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (03/09)

IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT,

IN AND FOR ___________________ COUNTY, FLORIDA

Case No.: __________________

Division: __________________

________________________,

Petitioner,

and

________________________,

Respondent.

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT

*184 I, { full legal name } ____________, being sworn, certify that the following statements are true:

1. The number of minor child(ren) subject to this proceeding is ________. The name, place of birth, birth date, and sex of each child; the present address, periods of residence, and places where each child has lived within the past five (5) years; and the name, present address, and relationship to the child of each person with whom the child has lived during that time are:

THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # 1:

Child's Full Legal Name: ______________________________________________________ Place of Birth: _________________ Date of Birth: _______________ Sex: ______________

Child's Residence for the past 5 years:

_______________________________________________________________________________________________________

Address (including city and Name and present address

Dates (From/To) state) where child lived of person child lived with Relationship to child

_________________________________________________________________________________________________________

/present*

___/___

* If you are the petitioner in an injunction for protection against domestic violence case and you have filed Petitioner's Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(i), you should write "confidential" in any space on this form that would require you to enter the address where you are currently living.

THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # ___:

Child's Full Legal Name: ______________________________________________________ Place of Birth: ___________________ Date of Birth: _____________ Sex: ______________

Child's Residence for the past 5 years:

________________________________________________________________________________________________________

Address (including city and Name and present address

Dates (From/To) state) where child lived of person child lived with Relationship to child

_________________________________________________________________________________________________________

/present

___/___

THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # ___:

Child's Full Legal Name: ______________________________________________________ Place of Birth: ___________________ Date of Birth: _____________ Sex: ______________

Child's Residence for the past 5 years:

________________________________________________________________________________________________________

Address (including city and Name and present address

Dates (From/To) state) where child lived of person child lived with Relationship to child

_________________________________________________________________________________________________________

/present

*185

___/___

2. Participation in custody or time-sharing proceeding(s):

[&check; one only]

____ I HAVE NOT participated as a party, witness, or in any capacity in any other litigation or

custody proceeding in this or any other state, concerning custody of or time-sharing with a child

subject to this proceeding.

____ I HAVE participated as a party, witness, or in any capacity in any other litigation or custody

proceeding in this or another state, concerning custody of or time-sharing with a child subject to

this proceeding. Explain:

a. Name of each child: ___________________________________________________________

b. Type of proceeding: ___________________________________________________________

c. Court and state: ______________________________________________________________

d. Date of court order or judgment (if any): _____________________________________

3. Information about custody or time-sharing proceeding(s):

[&check; one only]

____ I HAVE NO INFORMATION of any custody or time-sharing proceeding pending in a court of

this or any other state concerning a child subject to this proceeding.

____ I HAVE THE FOLLOWING INFORMATION concerning a custody or time-sharing proceeding

pending in a court of this or another state concerning a child subject to this proceeding, other

than set out in item 2. Explain:

a. Name of each child: ___________________________________________________________

b. Type of proceeding: ___________________________________________________________

c. Court and state: ______________________________________________________________

d. Date of court order or judgment (if any): _____________________________________

4. Persons not a party to this proceeding:

[&check; one only]

____ I DO NOT KNOW OF ANY PERSON not a party to this proceeding who has physical custody or

claims to have custody, visitation or time-sharing with respect to any child subject to this

proceeding.

____ I KNOW THAT THE FOLLOWING NAMED PERSON(S) not a party to this proceeding has

(have) physical custody or claim(s) to have custody, visitation, or time-sharing with respect to any

child subject to this proceeding:

a. Name and address of person: ________________________________________________________

_____________________________________________________________________________________

() has physical custody () claims custody rights () claims visitation or time-sharing

Name of each child: __________________________________________________________________

b. Name and address of person: _________________________________________________________

_____________________________________________________________________________________

() has physical custody () claims custody rights () claims visitation, or time-sharing

Name of each child: ___________________________________________________________________

c. Name and address of person: ___________________________________________________________

_______________________________________________________________________________________

() has physical custody () claims custody rights () claims visitation or time-sharing

Name of each child: ___________________________________________________________________

5. Knowledge of prior child support proceedings:

[&check; one only]

____ The child(ren) described in this affidavit are NOT subject to existing child support order(s) in this

or any state or territory.

*186

____ The child(ren) described in this affidavit are subject to the following existing child support

order(s):

a. Name of each child:

b. Type of proceeding:

c. Court and address:

d. Date of court order/judgment (if any):

e. Amount of child support paid and by whom: ________________

6. I acknowledge that I have a continuing duty to advise this Court of any custody, visitation or time-sharing, child support, or guardianship proceeding (including dissolution of marriage, separate maintenance, child neglect, or dependency) concerning the child(ren) in this state or any other state about which information is obtained during this proceeding.

I certify that a copy of this document was [&check; one only] () mailed () faxed and mailed () hand delivered to the person(s) listed below on { date } _________________________.

Other party or his/her attorney:

Name: ________________________

Address: _____________________

City, State, Zip: ____________

Fax Number: __________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: _______________________

__________________________________

Signature of Party

Printed Name: ____________________

Address: _________________________

City, State, Zip: ________________

Telephone Number: ________________

Fax Number: ______________________

STATE OF FLORIDA

COUNTY OF _____________

Sworn to or affirmed and signed before me on _______ by ____________.

_____________________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

____ Personally known

____ Produced identification

Type of identification produced __________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, { full legal name and trade name of nonlawyer } __________________________________, a nonlawyer, located at { street } ________________, { city } _____________________, { state } ___________, { phone } ____________, helped { name } _____________, who is the [&check; one only] ___ petitioner or ___ respondent, fill out this form.

*187 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(1), MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09)

When should this form be used?

This form should be used when a Petition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.901(b)(1), has been filed and the parties have reached an agreement on some or all of the issues at hand.

This form should be typed or printed in black ink. Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing).

Where can I look for more information?

Special notes...

With this form you must also file a Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if not already filed.

This form does not act to transfer title to the property. Such transfer must be done by deed or supplemental final judgment.

Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (03/09)

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR __________________ COUNTY, FLORIDA

Case No.: ___________________________

Division: ___________________________

________________________________,

Petitioner,

and

*188

______________________________,

Respondent.

MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

We, { Husband's full legal name } _____________________________________, and { Wife's full legal name } _____________________________________________, being sworn, certify that the following statements are true:

1. We were married to each other on { date } _______________.

2. Because of irreconcilable differences in our marriage (no chance of staying together), we have made this agreement to settle once and for all what we owe to each other and what we can expect to receive from each other. Each of us states that nothing has been held back, that we have honestly included everything we could think of in listing our assets (everything we own and that is owed to us) and our debts (everything we owe), and that we believe the other has been open and honest in writing this agreement.

3. We have both filed a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedure.

4. Each of us agrees to execute and exchange any papers that might be needed to complete this agreement, including deeds, title certificates, etc.

SECTION I. MARITAL ASSETS AND LIABILITIES

A. Division of Assets. We divide our assets (everything we own and that is owed to us) as follows: Any personal item(s) not listed below is the property of the party currently in possession of the item(s).

1. Wife shall receive as her own and Husband shall have no further rights or responsibilities regarding these assets:

_________________________________________________________________________________________________________

ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE (To avoid Current Fair

confusion at a later date, describe each item as clearly as possible. You do not Market Value

need to list account numbers. Where applicable, include whether the name on

any title/deed/account described below is wife's, husband's, or both.)

_________________________________________________________________________________________________________

[] Cash (on hand) $

_________________________________________________________________________________________________________

[] Cash (in banks/credit unions)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Stocks/Bonds

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Notes (money owed to you in writing)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Money owed to you (not evidenced by a note)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Real estate: (Home)

_________________________________________________________________________________________________________

[] (Other)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Business interests

_________________________________________________________________________________________________________

[]

*189

_________________________________________________________________________________________________________

[] Automobiles

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Boats

_________________________________________________________________________________________________________

[] Other vehicles

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Furniture & furnishings in home

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Furniture & furnishings elsewhere

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Collectibles

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Jewelry

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Life insurance (cash surrender value)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Sporting and entertainment (T.V., stereo, etc.) equipment

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Other assets

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

Total Assets to Wife $_____________

_________________________________________________________________________________________________________

2. Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets:

_________________________________________________________________________________________________________

ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE (To avoid Current Fair

confusion at a later date, describe each item as clearly as possible. You do not Market Value

need to list account numbers. Where applicable, include whether the name on

any title/deed/account described below is wife's, husband's or both.)

_________________________________________________________________________________________________________

[] Cash (on hand) $

_________________________________________________________________________________________________________

[] Cash (in banks/credit unions)

_________________________________________________________________________________________________________

[]

*190

_________________________________________________________________________________________________________

[] Stocks/Bonds

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Notes (money owed to you in writing)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Money owed to you (not evidenced by a note)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Real estate: (Home)

_________________________________________________________________________________________________________

[] (Other)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Business interests

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Automobiles

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Boats

_________________________________________________________________________________________________________

[] Other vehicles

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Furniture & furnishings in home

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Furniture & furnishings elsewhere

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Collectibles

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Jewelry

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Life insurance (cash surrender value)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Sporting and entertainment (T.V., stereo, etc.) equipment

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Other assets

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

*191 _________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

Total Assets to Husband $_________________

_________________________________________________________________________________________________________

B. Division of Liabilities/Debts. We divide our liabilities (everything we owe) as follows:

1. Wife shall pay as her own the following and will not at any time ask Husband to pay these debts/bills:

_________________________________________________________________________________________________________

LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE (To Monthly Current

avoid confusion at a later date, describe each item as clearly as possible. You Payment Amount

do not need to list account numbers. Where applicable, include whether the Owed

name on any mortgage, note, or account described below is wife's, husband's,

or both.)

_________________________________________________________________________________________________________

[] Mortgages on real estate: (Home) $ $

_________________________________________________________________________________________________________

[] (Other)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Charge/credit card accounts

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Auto loan

_________________________________________________________________________________________________________

[] Auto loan

_________________________________________________________________________________________________________

[] Bank/credit union loans

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Money you owe (not evidenced by a note)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Judgments

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Other

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

Total Debts to Be Paid by Wife $ $

_________________________________________________________________________________________________________

2. Husband shall pay as his own the following and will not at any time ask Wife to pay these debts/bills:

_________________________________________________________________________________________________________

LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND Monthly Current

(To avoid confusion at a later date, describe each item as clearly as possible. Payment Amount

You do not need to list account numbers. Where applicable, include whether Owed

*192

the name on any mortgage, note or account described below is wife's,

husband's, or both.)

_________________________________________________________________________________________________________

[] Mortgages on real estate: (Home) $ $

_________________________________________________________________________________________________________

[] (Other)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Charge/credit card accounts

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Auto loan

_________________________________________________________________________________________________________

[] Auto loan

_________________________________________________________________________________________________________

[] Bank/credit union loans

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Money you owe (not evidenced by a note)

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Judgments

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[] Other

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

[]

_________________________________________________________________________________________________________

Total Debts to Be Paid by Husband $ $

_________________________________________________________________________________________________________

C. Contingent Assets and Liabilities (listed in Section III of our Family Law Financial Affidavits) will be divided as follows:

_________________________________________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY) (If you have not agreed on this matter, write n/a on the lines provided.)

[one only]

1. ____ Each of us forever gives up any right to spousal support (alimony) that we may have.

2. ____ () HUSBAND () WIFE agrees to pay spousal support (alimony) in the amount of $____

every () week () other week () month, beginning { date } _____ and continuing until

{ date or event } __________________________________________________________________.

Explain type of alimony (temporary, permanent, rehabilitative, and/or lump sum) and any other specifics: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ *193 [if applies] () Life insurance in the amount of $________ to secure the above support, will be provided by the obligor.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

1. The parties' minor child(ren) are:

Name Birth date

__________________________________________________________________________

___________________________________________________________________________

____________________________________________________________________________

2. The parties shall have time-sharing and parental responsibility in accordance with the Parenting Plan attached as Exhibit ______.

SECTION IV. CHILD SUPPORT

1. () Mother () Father will pay child support, under Florida's child support guidelines, section 61.30, Florida Statutes, to the primary residential or sole parent named above. Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is completed and attached.

This parent shall be obligated to pay child support in the amount of $_______, every () week () other week () month, beginning { date } ___________ and continuing until modified by court order, the youngest child turns 18, becomes emancipated, marries, dies, otherwise becomes self-supporting or, if after the age of 18, until { date } _________. If the child support amount above deviates from the guidelines by 5% or more, explain the reason(s) here: __________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________ ______________________________________________________________________________________________________________

2. Child Support Arrearage. There currently is a child support arrearage of $______ for retroactive child support and/or $ __________ for previously ordered unpaid child support.

The total of $_________ in child support arrearage shall be repaid at the rate of $______ every () week () other week () month, beginning { date } _________, until paid in full including statutory interest.

3. Health Insurance. () Mother () Father will maintain health insurance coverage for the parties'

minor child(ren). The party providing coverage will provide insurance cards to the other party

showing coverage. OR () Health insurance is not reasonably available at this time. Any

uninsured/unreimbursed medical costs for the minor child(ren) shall be assessed as follows:

a. ____ Shared equally by both parents.

b. ____ Prorated according to the child support guideline percentages.

c. ____ Other { explain } : ____________________________________________________

As to these uninsured/unreimbursed medical expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

4. Dental Insurance. () Mother () Father will maintain () dental insurance coverage for the

parties' minor child(ren). The party providing coverage will provide insurance cards to the other

party showing coverage. OR () dental insurance is not reasonably available at this time. Any

uninsured/unreimbursed dental costs for the minor child(ren) shall be assessed as follows:

a. ____ Shared equally by both parents.

b. ____ Prorated according to the child support guideline percentages.

c. ____ Other { explain } : _____________________________________________________

As to these uninsured/unreimbursed dental expenses, the party who incurs the expense shall submit a request for reimbursement to the other party within 30 days, and the other party, within 30 days of receipt, shall submit the applicable reimbursement for that expense, according to the schedule of reimbursement set out in this paragraph.

*194 5. Life Insurance. () Mother () Father shall be required to maintain life insurance coverage for the benefit of the parties' minor child(ren) in the amount of $_________ until the youngest child turns 18, becomes emancipated, marries, dies, or otherwise becomes self-supporting.

6. IRS Income Tax Deduction(s). The assignment of any tax deductions for the child(ren) shall be (as follows: { explain } ____________________________________________________________________________ ____________________________________________________________________________________________________________

The other parent will convey any applicable IRS form regarding the income tax deduction.

7. Other provisions relating to child support (e.g., uninsured medical/dental expenses, insurance coverage, life insurance to secure child support, orthodontic payments, college fund, etc.): ____

_____________________________________________________________________________________________________________

SECTION V. OTHER

_____________________________________________________________________________________________________________

SECTION VI. We have not agreed on the following issues:

____________________________________________________________________________________________________________

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated: ____________________ __________________________________________________

Signature of Husband

Printed Name: ____________________________________

Address: _________________________________________

City, State, Zip: ________________________________

Telephone Number: ________________________________

Fax Number: ______________________________________

STATE OF FLORIDA

*195

COUNTY OF _____________

Sworn to or affirmed and signed before me __________ on by ______________________.

_____________________________________________________________

NOTARY PUBLIC OR DEPUTY CLERK

_____________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

____ Personally known

____ Produced identification

Type of identification produced ______________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks]

I, { full legal name and trade name of nonlawyer } _____________________________, a nonlawyer, located at { street } ______________________, { city } __________, { state } ___________, { phone } ___________, helped { name } _________, who is the [&check; one only] ____ petitioner or ___ respondent, fill out this form.

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated: ___________________ _________________________________________________

Signature of Wife

Printed Name: ____________________________________

Address: _________________________________________

City, State, Zip: ________________________________

Telephone Number: ________________________________

Fax Number: ______________________________________

STATE OF FLORIDA

COUNTY OF _________________________

Sworn to or affirmed and signed before me ________ on by ___________________.

__________________________________________________________

NOTARY PUBLIC OR DEPUTY CLERK

___________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

____ Personally known

____ Produced identification

Type of identification produced ________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, { full legal name and trade name of nonlawyer } _____________________________, a nonlawyer, located at { street } ____________________, { city } ____________, { state } ___________, { phone } __________, helped { name } __________, who is the [&check; one only] ____ petitioner or _____ respondent, fill out this form.

*196 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(a), ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE (03/09)

When should this form be used?

This form should be used when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing. If you file this form, you are admitting all of the allegations in the petition, saying that you do not need to be notified of or appear at the final hearing, and that you would like a copy of the final judgment mailed to you.

This form should be typed or printed in black ink, and your signature should be witnessed by a notary public or deputy clerk. After completing this form, you should sign the form before a notary public. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

What should I do next?

You have 20 days to answer after being served with the other party's petition. A copy of this form, along with all of the other forms required with this answer and waiver, must be mailed or hand delivered to the other party in your case.

Where can I look for more information?

Special notes...

With this form, you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren).

Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party's income, you may file this worksheet after his or her financial affidavit has been served on you).

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues.

Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer.)

Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of *197 service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

Parenting and Time-Sharing... By filing this answer and waiver, you are agreeing to any parenting and time-sharing requests in the petition. The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes.

A parenting course must be completed prior to entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Listed below are some terms with which you should become familiar before completing your answer to the petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further.

Shared Parental Responsibility

Sole Parental Responsibility

Supervised Time-Sharing

No contact

Parenting Plan

Parenting Plan Recommendation

Time-Sharing Schedule

Child Support... By filing this answer and waiver, you are agreeing to any child support requests in the petition. The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Alimony... By filing this answer and waiver, you are agreeing to any alimony requests in the petition. Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition and should not use this form. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. "Equitable" does not necessarily mean "equal." Many factors, *198 including child support, time-sharing and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. By filing this answer and waiver, you are agreeing to any requests in the petition regarding division of assets and liabilities.

Final Judgment... You should receive a copy of the Final Judgment in the mail. If, for some reason you do not, you should call the clerks office to request a copy. It is important for you to review a copy of the Final Judgment in your case to see what happened and to know what you must do and what you are entitled to receive.

Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage (03/09)

IN THE CIRCUIT COURT OF THE ____________________________ JUDICIAL CIRCUIT,

IN AND FOR _________________________ COUNTY, FLORIDA

Case No.: ___________________________

Division: ___________________________

________________________________________,

Petitioner,

and

________________________________________,

Respondent.

ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

I, { full legal name } ___________, Respondent, being sworn, certify that the following information is true:

1. Respondent answers the Petition for Dissolution of Marriage filed in this action and admits all the allegations. By admitting all of the allegations in the petition, respondent agrees to all relief requested in the petition including any requests regarding parenting and time-sharing, child support, alimony, distribution of marital assets and liabilities, and temporary relief.

2. Respondent waives notice of hearing as well as all future notices in connection with the Petition for Dissolution of Marriage, as filed. Respondent also waives appearance at the final hearing.

3. Respondent requests that a copy of the Final Judgment of Dissolution of Marriage entered in this case be forwarded to Respondent at the address below.

*199 4. If this case involves minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer.

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer.

A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is filed with this answer.

I certify that a copy of this document was [&check; one only] () mailed () faxed and mailed () hand delivered to the person(s) listed below on { date } _______________________________________________________________________.

Other party or his/her attorney:

Name: ____________________________

Address: _________________________

City, State, Zip: ________________

Fax Number: ______________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and waiver and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: _____________________ ________________________________________

Signature of Respondent

Printed Name: __________________________

Address: _______________________________

City, State, Zip: ______________________

Telephone Number: ______________________

Fax Number: ____________________________

STATE OF FLORIDA

COUNTY OF _____________________

Sworn to or affirmed and signed before me _________ on by _________________.

_____________________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

____ Personally known

____ Produced identification

Type of identification produced _______________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, { full legal name and trade name of nonlawyer } ______________________________________, a nonlawyer, located at { street } ______________________, { city } ___________________, { state } ________, { phone } ________, helped { name } ________________________, who is the respondent, fill out this form.

*200 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(b), ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE (03/09)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage and you wish to admit or deny all of the allegations in the petition but you do not plan to file a counterpetition seeking relief. You can use this form to answer any petition for dissolution of marriage, whether or not there are minor child(ren).

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. You have 20 days to answer after being served with the other party's petition. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED... If you file an answer that agrees with everything in the other party's petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the final hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... If you file an answer which disagrees with or denies anything in the petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. See chapter 61, Florida Statutes, for more information.

Special notes...

With this form, you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves a dependent or minor child(ren).

Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if the case involves a dependent or minor child(ren). (If you do not know the other party's income, you may file this *201 worksheet after his or her financial affidavit has been served on you).

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you have reached an agreement on any or all of the issues.

Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on you, if not filed at the time you file this answer, unless you and the other party have agreed not to exchange these documents.)

Parenting and Time-sharing... If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing schedule based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

A parenting course must be completed prior to the entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Shared Parental Responsibility

Sole Parental Responsibility

Supervised Time-Sharing

No contact

Parenting Plan

Parenting Plan Recommendation

Time-Sharing Schedule

Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents and the number of overnights the child(ren) spend with each parent. You *202 must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in a counterpetition. Florida Supreme Court Approved Family Law Form 12.903(c)(1) (with dependent or minor child(ren)), or Florida Supreme Court Approved Family Law Form 12.903(c)(2) (no dependent or minor child(ren)). If you do not request alimony in writing before the final hearing, it is waived (you may not request it later).

Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. "Equitable" does not necessarily mean "equal." Many factors, including child support, any parenting plan and time-sharing schedule, and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a), or, if there are no dependent or minor child(ren), Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms.

Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), and Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(2), which the judge may use if your case is contested. If you and *203 your spouse reach an agreement on all of the issues, the judge may use Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1), Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(2), or Final Judgment of Dissolution of Marriage with No Property and No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(b)(3). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial.

Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage (03/09)

IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,

IN AND FOR _______________________ COUNTY, FLORIDA

Case No.: ________________________

Division: ________________________

_______________________________________

Petitioner,

and

_______________________________________,

Respondent.

ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE

I, { {full legal name } _____________, Respondent, being sworn, certify that the following information is true:

1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: { indicate section and paragraph number } ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________

2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: { indicate section and paragraph number } ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________

3. I currently am unable to admit or deny the allegations raised in the following paragraphs due to lack of information: { indicate section and paragraph number } __________________________________ ________________________________________________________________________________________________________

*204 4. If this case involves a dependent or minor child(ren), a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this answer.

5. If this case involves a dependent or minor child(ren), a completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is [&check; one only] () filed with this answer or () will be filed after the other party serves his or her financial affidavit.

6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this answer.

7. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), [&check; one only] () is filed with this answer or () will be timely filed.

Petitioner or his/her attorney:

Name: ______________________________

Address: ___________________________

City, State, Zip: __________________

Fax Number: ________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: __________________ ______________________________________

Signature of Respondent

Printed Name: ________________________

Address: _____________________________

City, State, Zip: ____________________

Telephone Number: ____________________

Fax Number: __________________________

STATE OF FLORIDA

COUNTY OF ________________

Sworn to or affirmed and signed before me on _________ by _________________.

_____________________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

____ Personally known

____ Produced identification

Type of identification produced ______________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, { full legal name and trade name of nonlawyer } ________________________________, a nonlawyer, located at { street } ______________, { city } _____________________, { state } __________, { phone } _________, helped { name } _______________, who is the respondent, fill out this form.

*205 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(1), ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you.

What should I do next?

You have 20 days to answer after being served with the other party's petition. A copy of this form must be mailed or hand delivered to the other party. After you file an answer and counterpetition your case will then generally proceed as follows:

The other party is required to answer your counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

UNCONTESTED... Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition. If this is the case, and you and the other party have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... Your dissolution is contested if you and your spouse disagree on any issues raised in the petition or counterpetition. If you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

Where can I look for more information?

Special notes...

With this form, you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d)

*206 Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party's income, you may file this worksheet after his or her financial affidavit has been served on you.)

Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i) OR photocopy of current Florida drivers license, Florida identification card, or voters registration card (issue date of copied document must be at least six months before date case is actually filed with the clerk of the circuit court).

Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), if you have reached an agreement on any or all of the issues.

Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a) or Supervised/Safety Focused Parenting Plan, Form 12.995(b). If the parents have reached an agreement, a signed and notarized Parenting Plan should be attached. If the parents have not reached an agreement, a proposed Parenting Plan may be filed.

Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

Parenting Plan and Time-Sharing... If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan. The judge will decide the parenting arrangements and time-sharing schedule based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

Shared Parental Responsibility

Sole Parental Responsibility

Supervised Time-Sharing

*207 No contact

Parenting Plan

Parenting Plan Recommendation

Time-Sharing Schedule

Child Support... The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Alimony... Alimony may be awarded to a spouse if the judge finds that he or she needs it and that the other spouse has the ability to pay it. If you want alimony, you must request it in writing in your counterpetition. If you do not request alimony in writing before the final hearing, it is waived (you may not request it later). You may request either permanent alimony, lump sum alimony, or rehabilitative alimony.

Marital/Nonmarital Assets and Liabilities... Florida law requires an equitable distribution of marital assets and marital liabilities. Equitable does not necessarily mean equal. Many factors, including child support, time-sharing and alimony awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities. Non-marital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital assets and liabilities.

Parenting Plan... In all cases involving minor or dependent child(ren), a Parenting Plan shall be approved or established by the court. If you and your spouse have reached an agreement, you should file a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), or a Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b) which addresses the time-sharing schedule for the child(ren). If you have not reached an agreement, a proposed Parenting Plan may be filed. A Parenting Plan will be established by the court.

Temporary Relief... If you need temporary relief regarding temporary use of assets, temporary responsibility for liabilities, parental responsibility and time-sharing with child(ren), temporary child support, or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form.

*208 Marital Settlement Agreement... If you and your spouse are able to reach an agreement on any or all of the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form... These family law forms contain a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.990(c)(1), which the judge may use if your case is contested. If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1). You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties names, and leave the rest blank for the judge to complete at your hearing or trial.

Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren) (03/09)

IN THE CIRCUIT COURT OF THE __________________________ JUDICIAL CIRCUIT,

IN AND FOR ________________________ COUNTY, FLORIDA

Case No.: _____________________________

Division: _____________________________

___________________________________________

Petitioner/Counter respondent,

and

__________________________________________,

Respondent/Counter petitioner.

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

I, { full legal name } ______________, Respondent, being sworn, certify that the following information is true:

ANSWER TO PETITION

*209 1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: { indicate section and paragraph number } ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________.

2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: { indicate section and paragraph number } ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________.

3. I currently am unable to admit or deny the following paragraphs due to lack of information: { indicate section and paragraph number } _______________________________________________________________ ________________________________________________________________________________________________________________.

COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN)

1. JURISDICTION/RESIDENCE () Husband () Wife () Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Petitioner [&check; one only] () is () is not a member of the military service. Respondent [&check; one only] () is () is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage: { month, day, year } _________________________________

Place of marriage: { city, state, country } ____________________________

Date of separation: { month, day, year } ________________ (indicate if approximate)

4. DEPENDENT OR MINOR CHILD(REN)

[&check; all that apply]

a. ____ The wife is pregnant. Baby is due on: { date } ___________________

b. ____ The minor (under 18) child(ren) common to both parties are:

Name Place of Birth Birth date Sex

_________________ ______________ _______________ _________

c. ____ The minor child(ren) born or conceived during the marriage who are not common to both parties are:

Name Place of Birth Birth date Sex

_________________ ______________ _______________ _________

The birth father(s) of the above minor child(ren) is (are) { name and address } ______________ __________________________________________________________________________________________________________

d. ____ The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are:

Name Place of Birth Birth date Sex

_________________ ______________ _______________ _________

5. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this counterpetition. You must complete and attach this form in a dissolution of marriage with minor child(ren).

6. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition.

*210 7. This counterpetition for dissolution of marriage should be granted because:

[one only]

a. ____ The marriage is irretrievably broken.

b. ____ One of the parties has been adjudged mentally incapacitated for a period of 3 years prior

to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached.

SECTION I. MARITAL ASSETS AND LIABILITIES

[one only]

1. ____ There are no marital assets or liabilities.

2. ____ There are marital assets or liabilities. All marital and nonmarital assets and liabilities are

(or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form

12.902(b) or (c), to be filed in this case.

[all that apply]

a. ____ All marital assets and liabilities have been divided by a written agreement between the

parties, which is attached to be incorporated into the final judgment of dissolution of

marriage. (The parties may use Marital Settlement Agreement for Dissolution of

Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family

Law Form 12.902(f)(1).

b. ____ The Court should determine how the assets and liabilities of this marriage are to be

distributed, under section 61.075, Florida Statutes.

c. ____ Respondent should be awarded an interest in Petitioner's property because: ______

__________________________________________________________________________________

___________________________________________________________________________________

SECTION II. SPOUSAL SUPPORT (ALIMONY)

[one only]

1. ____ Respondent forever gives up his/her right to spousal support (alimony) from Petitioner.

2. ____ Respondent requests that the Court order Petitioner to pay the following spousal support

(alimony) and claims that he or she has a need for the support that he or she is requesting

and Petitioner has the ability to pay that support. Spousal support (alimony) is requested

in the amount of $_______ every () week () other week () month, beginning { date } __________

and continuing until { date or event } ______________.

Explain why the Court should order Petitioner to pay and any specific request(s) for type of alimony (temporary, permanent, rehabilitative, and/or lump sum): _________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ [if applies] () Respondent requests life insurance on Petitioner's life, provided by Petitioner, to secure such support.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

1. The minor child(ren) currently reside(s) with () Mother () Father () Other: { explain } __________________________________________________________________________________________________________

2. Parental Responsibility. It is in the child(ren)'s best interests that parental responsibility be:

[one only]

a. ____ shared by both Father and Mother.

b. ____ awarded solely to () Father () Mother. Shared parental responsibility would be

detrimental to the child(ren) because: _________________________________________

________________________________________________________________________________

3. Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be ordered to comply with a Parenting Plan that () includes () does not include parental time-sharing with the child(ren). The Respondent states that it is in the best interests of the child(ren) that: (Choose only one)

*211

a. ___ The attached proposed Parenting Plan should be adopted by the court. The parties ()

have () have not agreed to the Parenting Plan.

b. ___ The court should establish a Parenting Plan with the following provisions:

[] No time-sharing for the ___ Husband ___ Wife.

[] Limited time-sharing with the ___ Husband ___ Wife.

[] Supervised time-sharing for the ___ Husband ___ Wife.

[] Supervised or third-party exchange of the child(ren).

[] Time-sharing as follows: ______________________________________________________

______________________________________________________________________________________

Explain why this request is in the best interests of the child(ren): _________________

______________________________________________________________________________________

SECTION IV. CHILD SUPPORT [&check; all that apply]

1. ___ Respondent requests that the Court award child support as determined by Florida's child

support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines

Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed.

Such support should be ordered retroactive to:

a. ___ the date of separation { date } __________.

b. ___ the date of the filing of this petition.

c. ___ other { date } _______ { explain } ___________________________________

________________________________________________________________________________________

2. ___ Respondent requests that the Court award child support to be paid beyond the age of 18

years because:

a. ___ the following child(ren) { name(s) } ____________________________________________

________________________________________________________________________________________

is (are) dependent because of a mental or physical incapacity which began before the age

of 18. { explain } ______________________________________________________________

b. ___ the following child(ren) { name(s) } ________________ is (are) dependent in fact and is

(are) in high school while he/she (they) are between the ages of 18 and 19; said child(ren)

is (are) performing in good faith with reasonable expectation of graduation before the age

of 19.

3. ___ Respondent requests that the Court award a child support amount that is more than or less

than Florida's child support guidelines. Respondent understands that Motion to Deviate

from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943,

must be filed before the court will consider this request.

4. ___ Respondent requests that medical/dental insurance coverage for the minor child(ren) be

provided by:

[&check; one only]

a. ___ Father.

b. ___ Mother.

5. ___ Respondent requests that uninsured medical/dental expenses for the child(ren) be paid:

[&check; one only]

a. ___ by Father.

b. ___ by Mother.

c. ___ by Father and Mother each paying one-half.

d. ___ according to the percentages in the Child Support Guidelines Worksheet, Florida Family

Law Rules of Procedure Form 12.902(e).

e. ___ Other {explain}: _________________________________________________________________________

__________________________________________________________________________________________

6. ___ Respondent requests that life insurance to secure child support be provided by:

a. ___ Father.

b. ___ Mother.

c. ___ Both.

SECTION V. OTHER

*212

1. [If Respondent is also the Wife, &check; one only] () yes () no Respondent/Wife wants to be known by

her former name, which was { full legal name } ____________________________________________________.

2. Other relief { specify }: _________________________________________________________________________

_____________________________________________________________________________________________________________

SECTION VI. RESPONDENT'S/COUNTERPETITIONER'S REQUEST (This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

Respondent requests that the Court enter an order dissolving the marriage and: [&check; all that apply]

1. ___ distributing marital assets and liabilities as requested in Section I of this petition;

2. ___ awarding spousal support (alimony) as requested in Section II of this petition;

3. ___ adopt or establish a Parenting Plan containing provisions for parental responsibility and

time-sharing for the dependent or minor child(ren) common to both parties, as requested in

Section III of this petition;

4. ___ establishing child support for the dependent or minor child(ren) common to both parties, as

requested in Section IV of this petition;

5. ___ restoring Wife's former name as requested in Section V of this petition;

6. ___ awarding other relief as requested in Section V of this petition; and any other terms the

Court deems necessary.

Petitioner or his/her attorney:

Name: ____________________________________

Address: _________________________________

City, State, Zip: ________________________

Fax Number: ______________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: __________________________ ____________________________________________________________

Signature of Respondent/Counterpetitioner

Printed Name: ______________________________________________

Address: ___________________________________________________

City, State, Zip: __________________________________________

Telephone Number: __________________________________________

Fax Number: ________________________________________________

STATE OF FLORIDA

COUNTY OF _____________

Sworn to or affirmed and signed before me on ________ by _______________________________________.

________________________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

________________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

___ Personally known

___ Produced identification

Type of identification produced ______________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, { full legal name and trade name of nonlawyer } ___________________________________, a nonlawyer, located at { street } _____________, { city } ___________________________, { state } _____, { phone } ______, helped { name } _____________________________, *213 who is the respondent, fill out this form.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(e), ANSWER TO SUPPLEMENTAL PETITION (03/09)

When should this form be used?

This form should be used when you are responding to a supplemental petition for modification of Parenting Plan, time-sharing schedule, child support, or alimony. This form is used to admit or deny all of the allegations in the supplemental petition if you do not plan to file a counterpetition. There is no form for a counterpetition to a supplemental petition in these Family Law Forms. If you want to file a counterpetition to a supplemental petition you will need to either seek legal assistance or create a form yourself. You may construct an answer and counterpetition using the pertinent sections contained in the Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(c)(1), or Answer to Petition and Counterpetition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(c)(2).

What should I do next?

A copy of this form, along with all of the other forms required with this answer, must be mailed or hand delivered to the other party in your case. Regardless of whether you file a counterpetition, you have 20 days to answer after being served with the other party's supplemental petition. After you file your answer, the case will generally proceed in one of the following two ways:

UNCONTESTED ... If you file an answer that agrees with everything in the other party's supplemental petition and you have complied with mandatory disclosure and filed all of the required papers, either party may call the clerk, family law intake staff, or judicial assistant to set a final hearing. If you request the hearing, you must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED ... If you file an answer which disagrees with or denies anything in the supplemental petition, and you are unable to settle the disputed issues, either party may file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. If you request the hearing, you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

*214 Where can I look for more information?

Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. See chapter 61, Florida Statutes, for more information.

Special notes...

With this form, you must also file the following:

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves child(ren).

Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if child support is an issue. (If you do not know the other party's income, you may file this worksheet after his or her financial affidavit has been served on you.)

Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with [Property but] No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2).

Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.

Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This must be filed within 45 days of service of the supplemental petition on you, if not filed at the time you file your answer.)

Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on you, if not filed at the time of you file your answer, unless you and the other party have agreed not to exchange these documents.)

Parenting and Time-Sharing... If you and your spouse are unable to agree about a Parenting Plan a judge will decide for you as part of establishing a parenting plan. The judge will decide the parenting and time-sharing arrangements based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

The judge may request a parenting plan recommendation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.13, Florida Statutes. A parenting course must be completed prior to entry of a final judgment. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses or mediation where you live.

*215 Listed below are some terms with which you should become familiar before completing your supplemental petition. If you do not fully understand any of the terms below or their implications, you should speak with an attorney before going any further.

Shared Parental Responsibility

Sole Parental Responsibility

Supervised Time-Sharing

No contact

Parenting Plan

Parenting Plan Recommendation

Time-Sharing Schedule

Child Support... If this case involves child support issues, the court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief... If you need temporary relief regarding parental responsibility and time-sharing with child(ren), child support or alimony, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a) or, if you need temporary relief regarding alimony and there are no dependent or minor child(ren), you may file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more information, see the instructions for these forms.

Settlement Agreement... If you and the other party are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1), or Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2). Both parties must sign this agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form... These family law forms contain a Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing, Florida Supreme Court Approved Family Law Form 12.993(a), a Supplemental Final Judgment Modifying *216 Child Support, Florida Supreme Court Approved Family Law Form 12.993(b), and a Supplemental Final Judgment Modifying Alimony, Florida Supreme Court Approved Family Law Form 12.993(c), which the judge may use, as appropriate. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties' names, and leave the rest blank for the judge to complete at your hearing or trial.

Florida Supreme Court Approved Family Law Form 12.903(e), Answer to Supplemental Petition (03/09)

IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,

IN AND FOR _______________________ COUNTY, FLORIDA

Case No.: _______________________________

Division: _______________________________

________________________________,

Petitioner,

and

________________________________,

Respondent.

ANSWER TO SUPPLEMENTAL PETITION

I, { full legal name } __________________, being sworn, certify that the following information is true:

1. ___ I agree with Petitioner as to the allegations raised in the following numbered paragraphs in

the Supplemental Petition and, therefore, admit those allegations: { indicate section and

paragraph number } ________________________________________________________________________________

2. ___ I disagree with Petitioner as to the allegations raised in the following numbered paragraphs

in the Supplemental Petition and, therefore, deny those allegations: { indicate section and

paragraph number } _________________________________________________________________________________

3. ___ I currently am unable to admit or deny the following paragraphs due to lack of information:

{ indicate section and paragraph number } _______________________________________________________

4. ___ A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form

12.902(b) or (c), is, or will be, filed.

5. ___ A completed Notice of Social Security Number, Florida Supreme Court Approved Family

Law Form 12.902(j), is filed with this answer, if one has not been previously filed in this case.

[&check; if applies]

6. ___ This case involves minor child(ren), and a completed Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form

12.902(d), is filed with this answer.

*217

7. ___ This case involves child support, and a completed Child Support Guidelines Worksheet,

Florida Family Law Rules of Procedure Form 12.902(e), is filed or will be filed with the

court.

Petitioner or his/her attorney:

Name: ________________________________

Address: _____________________________

City, State, Zip: ____________________

Fax Number: __________________________

Dated: _________________________________ _______________________________________________

Signature of Respondent

Printed Name: _________________________________

Address: ______________________________________

City, State, Zip: _____________________________

Telephone Number: _____________________________

Fax Number: ___________________________________

STATE OF FLORIDA

COUNTY OF __________________

Sworn to or affirmed and signed before me on _______ by ___________________________________.

______________________________________________________________

NOTARY PUBLIC or DEPUTY CLERK

______________________________________________________________

[Print, type, or stamp commissioned name of notary or clerk.]

___ Personally known

___ Produced identification

Type of identification produced _______________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks]

I, { full legal name and trade name of nonlawyer } ____________________, a nonlawyer, located at { street } ___________, { city } ____________, { state } __________, { phone } _________, helped { name } ________, who is the respondent, fill out this form.

*218 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.904(a), PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (03/09)

When should this form be used?

This form may be used to ask the court to enter a support order if you and your spouse are separated, and your spouse has the ability to contribute to you and your minor child(ren), but has failed to do so. You can only use this form if a dissolution of marriage has not been filed and based upon the time-sharing schedule, you are entitled to support. If a petition for dissolution of marriage has been filed, you should file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form.

This petition cannot address the issues of property, debts, or parental responsibility and time-sharing with child(ren). It only deals with alimony and child support.

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the petition. If you know where he or she lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if the other party resides in another state or country. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), after striking through "for Dissolution of Marriage" and inserting "for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren)." If the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the other party has 20 days to answer after being served with your petition. Your case will then generally proceed in one of the following three ways:

DEFAULT. If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme Court Approved *219 Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED. If the respondent files an answer that agrees with everything in your petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED. If the respondent files an answer or an answer and counterpetition, which disagrees with or denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If the respondent files an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information?

Special notes...

With this form you must also file the following:

Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d), if the case involves minor or dependent child(ren).

Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).

Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at the time of the petition, unless you and the other party have agreed not to exchange these documents.)

Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if you are asking that child support be ordered in the final *220 judgment. (If you do not know the other party's income, you may file this worksheet after his or her financial affidavit has been served on you.)

Child Support. The court may order one parent to pay child support to assist the other parent in meeting the child(ren)'s material needs. Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent. Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents and the number of overnights the child(ren) spend with each parent. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief. If you need temporary relief regarding child support or temporary alimony, you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). For more information, see the instructions for that form.

Final Judgment Form. These family law forms contain a Final Judgment of Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.994(a), which the judge may use if your case is contested. You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with you to the hearing. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties' names, and leave the rest blank for the judge to complete at your hearing or trial.

Florida Supreme Court Approved Family Law Form 12.904(a), Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (03/09)

IN THE CIRCUIT COURT OF THE ________________ JUDICIAL CIRCUIT,

IN AND FOR ______________ COUNTY, FLORIDA

Case No.: ___________________________

*221

Division:___________________________________________________________________

_____________________________________,

Petitioner,

and

_____________________________________,

Respondent.

PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE

WITH DEPENDENT OR MINOR CHILD(REN)

I, { full legal name } ___________________________, the [one only] () Husband () Wife,

being sworn, certify that the following statements are true:

1. JURISDICTION

() Husband () Wife () Both live in Florida at the filing of this Petition for Support Unconnected

with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida Statutes.

2. Petitioner [one only] () is () is not a member of the military service.

Respondent [one only] () is () is not a member of the military service.

3. MARRIAGE HISTORY

a. Date of marriage: { month, day, year } _________________________________________________________________

b. Place of marriage: { city, state, country } ____________________________________________________________

c. Date of separation: { month, day, year }_____________ (___ &check; if approximate)

4. MINOR CHILD(REN)

[all that apply]

a. ___ The wife is pregnant. The baby is due on: { date }__________________________________________________

b. ___ The minor (under 18) child(ren) common to both parties are:

Name Place of Birth Birth date Sex

____________________________________ ______________________________ _________________________ __________

c. The minor child(ren) born or conceived during the marriage who are not common to both

parties are:

Name Place of Birth Birth date Sex

_____________________________________ ______________________________ _________________________ __________

The birth father(s) of the above minor child(ren) is (are) { name and address } ____________________________

___________________________________________________________________________________________________________________

d. ____ The child(ren) common to both parties who are 18 or older but who are dependent upon

the parties due to a mental or physical incapacity are:

Name Place of Birth Birth date Sex

_____________________________________ ______________________________ _________________________ __________

5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law

Form 12.902(j), is filed with this petition.

6. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form

12.902(b) or (c), is, or will be, filed.

7. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form

12.902(e), is, or will be, filed.

8. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit,

Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.

*222

SECTION I. SPOUSAL SUPPORT (ALIMONY)

[one only]

1. ____ Petitioner does not request spousal support (alimony) from Respondent at this time.

2. ____ Respondent has the ability to contribute to the maintenance of Petitioner and has failed to

do so. Petitioner requests that the Court order Respondent to pay the following spousal

support (alimony) and claims that he or she has a need for the support that he or she is

requesting. Spousal support (alimony) is requested in the amount of $________________________________________

every () week () other week () month, beginning {date} __________________, and continuing

until {date or event}________________________________________________________________________________________

Explain why the Court should order Respondent to pay and any specific request(s) for type

of alimony (temporary, permanent, rehabilitative, and/or lump sum):__________________________________________

_____________________________________________________________________________________________________________

[&check; if applies] () Petitioner requests

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.