nuts & BoLts of fAmiLy LAW mAndAtory disCLosure
Marital & Family Law Section
Chair: Katherine Scott – Harris, Hunt & Derr, PA
I
n Florida family law cases,
financial disclosures are
made for the benefit of the
court and the opposing party.
Financial disclosures are central to
the fair resolution of cases because
settlement decisions and courts
rulings are dependent on full
financial disclosure.
Under Rule 12.285(e), parties
are required to produce a financial
affidavit and financial documents.
“While evidence of a person’s
financial condition may be drawn
from a multitude of documents,
a financial affidavit is a party’s
formal, sworn position that
reduces finances to a manageable
chunk of information.” 1
The documents that must be
disclosed under Rule 12.285(e)
include tax returns, IRS forms,
evidence of earned income, loan
applications, checking account
statements, retirement account
statements, and statements for all
other accounts.
Many attorneys fail to remind
their clients that, in addition to the
enumerated accounts, the Rule also
requires production of statements
for “all other accounts.” Other
accounts would include accounts
that reside in applications such as
Venmo, PayPal, Cash App, Google
Wallet, and international money
transfer apps. If you would use the
word “account” when referencing
it, such as “my PayPal account,”
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HCBA LAWYER
and there
authorized by
is money
Rule 12.380;
involved, then
and (3) the court
you need to
may also impose
disclose it.
sanctions on the
Attorneys
offending lawyer.
and clients
Under Rule
also routinely
12.285(j), a party
fail to update
is also obligated
the client’s
to file and serve a
mandatory
sworn certificate
if you would use the
disclosures.
of compliance
word “account” when
Under Rule
with the
referencing
accounts,
12.285(f)(1),
mandatory
parties have a
disclosure
such as “my paypal
“continuing
obligation.
account,”
and
there
duty to
The certificate
supplement
of compliance
is money involved, then
documents
must identify
you need to disclose it.
described in
with particularity
this rule,
the documents
including
that have been
financial
delivered and
affidavits, whenever a material
certify the date of service to avoid
change in their financial status
one lawyer “swearing” that they
occurs.” Generally speaking, a
delivered certain mandatory
material change is one that could
disclosure documents, and the
reasonably be expected to influence
other lawyer “swearing” that the
the decisions made by the parties or
documents were never received.
the court.
In short, Rule 12.285 requires
Rule 12.285(f)(2) also specifically
parties to disclose their finances,
provides that when an amended
provide supporting documents,
financial affidavit is filed, the
update the disclosures whenever
amending party must also serve
there is a material change, and
any documents supporting the
provide detailed certifications of
amendments. For example, if a
what was disclosed and when the
party amends her financial affidavit
disclosure occurred. n
to reflect the purchase of a new car,
1 Daniel v. Daniel, 922 So. 2d 1041,
she is also required to produce the
1045 (Fla. 4th DCA 2006) (discussing
monthly statements for the car loan,
the importance
the title, and the loan application.
of the family
Many lawyers and judges are
law financial
not aware that Rule 12.285(f)
affidavit).
provides the following sanctions
for non-compliance: (1) documents
Author:
produced less than 24 hours prior to
Richard J.
a non-final hearing or in violation
of pretrial order are not admissible
Mockler –
absent good cause; (2) the court
Mockler Leiner
may impose the serious sanctions
Law, P.A.
45