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What Is Mandatory Disclosure in the State of Florida?

Updated on July 18, 2017

Florida Rule 12-285

Mandatory Disclosure in the state of Florida as presented in Florida Rule 12-285 refers to information gained when a party is required to fill out a financial affidavit for use in a pending legal case. Usually the cases requiring this information are from Family Law litigations and can include divorce (dissolution of marriage), child support, alimony (spousal support) equitable distribution of property and liabilities and formulation of a parenting plan, (child custody). Mandatory Disclosure is also required when drawing up a pre or post marital agreement and in post judgment modification of child support and alimony. For example, a premarital contract can be canceled in court should this occur. The following is an overview of what you will find in Florida Rule 12-285. You can go online and find the entire rule if you want to understand it in full detail.

  • 3 months of back pay stubs

  • past year of state and federal income tax returns

  • past 12 months loan applications including credit cards

  • any promissory notes or deeds applied for in past l2 months

  • past 3 months checking, savings, or any other accounts open or closed where the party in question has his or her name on the account

  • life insurance policy's declaration page, certificate, and last periodic statement

  • last 12 month’s statements from credit cards and charge accounts

  • most recent statement from profit sharing, pension plan, deferred compensation, or retirement plan

  • tax returns for past 3 years if there has been ownership or interest in a corporation, trust, or partnership of greater than30%

  • documents and evidence of a party’s claim of special equity or non marital ownership of a debt or asset dated from the acquiring date to the date of production or from the date of marriage if figured on acquisition before marriage

  • alimony or child support court orders

  • premarital or postmarital agreements which were properly written, signed, and notarized

It is important to remember that any of the above information, in addition to being truthful, must be able to be backed up with tangible evidence. Additionally, there is no way a request for and completion of a mandatory disclosure financial affidavit will be waived by a judge. As pointed out, a great deal of importance is placed on the information obtained in the filling out of this requirement and the answers will make a substantial input in the final outcome of a case, especially any financial considerations.

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