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In a family, divorce case, a year has passed since I got my wife's financial affidavit. Can I request a new one?

Miami, FL |

A year has passed since I received my wife first financial affidavit and I believe many things have changed. We will have mediation next month. Is it okay to request my wife's attorney a new financial affidavit? My wife's attorney has not filed the psychological evaluations, and she is well known by leaving things to the last minute or forget. Will it be okay to remind her?

Attorney Answers 5

Posted

Yes absolutely do remind her to update the financial affidavit.

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Posted

If it has been a year, it is certainly acceptable to request an updated financial affidavit prior to the mediation date. Were the evaluations supposed to be be filed by a certain date? if so, and that date has passed, you should contact her attorney.

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Posted

Yes, not only is it "ok," it is the correct thing to do in this situation - ask for updated mandatory disclosure (including the financial affidavit) prior to attending mediation (and be prepared for the same thing to be asked of you). As to the psych eval, if there was a deadline, you (or your attorney) can definitely inform her that the deadline has passed and this information is needed.

This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.

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Posted

Now is the perfect time to request a new Financial Affidavit and supporting tax documents such as a recent 1040 or W-2. However, be prepared to file an updated Financial Affidavit yourself.

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Posted

Under Rule 12.285 (f) of the Florida Family Law Rules of Procedure, a party has a continuing duty to supplement their mandatory disclosure and financial affidavits whenever a material change in their financial status occurs. Any amendments to the financial affidavit also require the production of subsequently acquired documents supporting the amendment.

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