FL-Serving financials, tax returns to ex in modification

[johnsonbunch]

FL pro se child support modification. Copies of documents need to be served to ex, but does that include just the Financial Affidavit? Or do I have to supply her joint tax returns from with new wife? No problem with current paystubs, but some info on returns seems a privacy issue since it concerns new wife. Petition is also to request her financials so worksheet can be completed.

 

[TheGeekess]

Please keep all your questions in one thread. Thank you....

 

[johnsonbunch]

Sorry. The other issue was solved and this seemed like a new question.

 

[Gracie3787]

FL pro se child support modification. Copies of documents need to be served to ex, but does that include just the Financial Affidavit? Or do I have to supply her joint tax returns from with new wife? No problem with current paystubs, but some info on returns seems a privacy issue since it concerns new wife. Petition is also to request her financials so worksheet can be completed.

You can read the requirements in rule 12.285 at Florida Family Law Rules

You will also need to file and serve form 12.932 a Certificate of Compliance with Mandatory Disclosure.

On tax returns, joint bank statements, etc you can "black out" your wife's SSN, etc.

 

[johnsonbunch]

I did buy the packet from the courthouse to be sure I covered all bases. Includes:
Limitation of services (for self help)
Notice of action
Supplemental petition for modification of child support
Initial child support order
Uniform child custody jurisdiction affidavit
Nonmilitary affidavit
Notice of social security numbers
Certificate of compliance with mandatory disclosure
Family law financial affidavit
Copies of paystubs
Copies of last 2 years 2006, 2007 tax returns (expect 2008 to be done before hearing)
Copy of health insurance card and benefit summary
Process service memorandum
Summons: Personal service on individual
and copies of all the above to be served

I think I'm set. Is it ok to supply 2008 tax return before hearing or must it be done before filing? Would rather include 2008 than 2005 because it reflects more current income.

 

[johnsonbunch]

>>12.285 (2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or supplemental proceeding shall be served on the other party for inspection and copying within 45 days of service of the initial pleading on the respondent.<<

Does this mean she has 45 days to supply me her financials or the court? I assume that is when the Child Support Guidelines Worksheet is completed?

12.285 also mentions supplying bank statements and credit card statements, but the Assets and Liabilities section of the Family Law Financial Affidavit reads "List each item if this is a petition for dissolution of marriage." Am I correct that bank statements and credit card statements need not be included for a modification?

 

[Gracie3787]

>>12.285 (2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or supplemental proceeding shall be served on the other party for inspection and copying within 45 days of service of the initial pleading on the respondent.<<

Does this mean she has 45 days to supply me her financials or the court? I assume that is when the Child Support Guidelines Worksheet is completed?

12.285 also mentions supplying bank statements and credit card statements, but the Assets and Liabilities section of the Family Law Financial Affidavit reads "List each item if this is a petition for dissolution of marriage." Am I correct that bank statements and credit card statements need not be included for a modification?

Yes, she has 45 days in which to comply with mandatory disclosure.

The bank statements and credit card statements will be soley up to you and ex. If you both agree, you do not have to produce those. However, if you do not agree, you both will be required to produce them.

If you have not filed your 2008 tax return and will not be doing so before the hearing, you will need to produce your 2008 W-2 instead.

 

[johnsonbunch]

Working on getting 2008 up to accountant this week. Don't have W-2, this was the last year of self-employed corporation before business was dissolved. Til accountant does 2008 business taxes, personal taxes cannot be finished. But with the backup in Florida courts, I'm sure it will all be done before the hearing. Plus, she has 45 days to gather her financials.

Would 2008 taxes be filed into the court between now and the hearing? Or just brought to the hearing?

Many thanks for your replies.

 

[Gracie3787]

Working on getting 2008 up to accountant this week. Don't have W-2, this was the last year of self-employed corporation before business was dissolved. Til accountant does 2008 business taxes, personal taxes cannot be finished. But with the backup in Florida courts, I'm sure it will all be done before the hearing. Plus, she has 45 days to gather her financials.

Would 2008 taxes be filed into the court between now and the hearing? Or just brought to the hearing?

Many thanks for your replies.

Either one, but, you must serve your ex with a copy within the 45 days, or at least 72 hours before the final hearing.