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The Importance of Filing a Financial Affidavit

A financial affidavit must be filed in an initial divorce proceeding as well as in supplemental dissolution proceedings.  Florida Family Law Rule of Procedure 12.285 (e)(1) requires the service and filing of a financial affidavit in supplemental dissolution proceedings within 45 days of service of the initial pleading on the respondent.

In child support modification proceedings, Florida Statute 61.30(14) provides that the respondent shall include his or her financial affidavit with the answer to the petition no later than 72 hours prior to any hearing regarding the finances of either party.

The requirement to provide a financial affidavit in supplemental proceedings cannot be waived by the parties.

If a party submits or attempts to submit a financial affidavit within the minimum time frame of 72 hours before a hearing, the other party should timely file an objection to the admissibility of the affidavit.  The prejudicial effect in allowing the admissibility of the financial affidavit on short notice is reversible error.

A good example of the importance of timely filing a financial affidavit can be found in the case of Gilroy v. Gilroy, 163 Southern 3rd 674 (2015).  In this particular case, the former wife filed her financial affidavit, for the very first time, the day before the hearing.  The trial court admitted the financial affidavit into evidence over the former husband’s objection. In accordance with the rule, the appellate court reversed the trial court, based upon the husband’s timely objection and prejudice that he would suffer.

Careful attention should be given to the preparation of a financial affidavit.  If you require assistance in the preparation of your financial affidavit, or are seeking further advice regarding your pending dissolution of marriage action, paternity case, or modification proceeding, you should contact the law offices of Alan R. Burton, located in Boca Raton.  Call today and speak directly to Alan R. Burton,  an experienced family law attorney, at 954–295–9222 or 954–229–1660.



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