In Re: Amendments to Florida Family Law Rules of Procedure - Form 12.902(e)

CourtSupreme Court of Florida
DecidedJanuary 13, 2022
DocketSC21-1174
StatusPublished

This text of In Re: Amendments to Florida Family Law Rules of Procedure - Form 12.902(e) (In Re: Amendments to Florida Family Law Rules of Procedure - Form 12.902(e)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Amendments to Florida Family Law Rules of Procedure - Form 12.902(e), (Fla. 2022).

Opinion

Supreme Court of Florida ____________

No. SC21-1174 ____________

IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE—FORM 12.902(e).

January 13, 2022

PER CURIAM.

This matter is before the Court for consideration of proposed

amendments to Florida Family Law Rule of Procedure Form

12.902(e) (Child Support Guidelines Worksheet). See Fla. R. Gen.

Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See art. V, §

2(a), Fla. Const.

The Florida Bar’s Family Law Rules Committee (Committee)

filed a report proposing amendments to form 12.902(e). The

Committee and the Board of Governors of The Florida Bar approved

the proposed amendments. The Committee published its proposal

for comment prior to filing it with the Court and received one

comment in support of the proposed amendments. After the

Committee filed its report, the Court published the proposal for comment. One comment was received in support of the proposed

amendments, and the Committee filed a response.

Having considered the proposed amendments, the comment,

and the Committee’s response, the Court hereby amends Florida

Family Law Rule of Procedure Form 12.902(e) (Child Support

Guidelines Worksheet) as proposed by the Committee, with a minor

modification.

First, a sentence is added to the instructions for form

12.902(e) providing that if the parties’ combined monthly net

income is not listed on the Child Support Guidelines Chart, child

support is to be calculated as provided by law. However, we modify

the sentence to specifically reference section 61.30(6), Florida

Statutes (Child support guidelines; retroactive child support), which

explains how to calculate the child support amount if the obligor

parent’s net income is less than the amount in the guidelines

schedule or if the parties’ combined monthly net income is greater

than the amount in the guidelines schedule.

Additionally, throughout the form’s instructions, references to

the Rules of Judicial Administration are amended to reflect the

updated name, the Rules of General Practice and Judicial -2- Administration. See In re Amends. to Fla. Rules of Jud. Admin.—

2020 Regular-Cycle Report, 310 So. 3d 374 (Fla. 2021).

Accordingly, Form 12.902(e) is hereby amended as set forth in

the appendix to this opinion. The form is fully engrossed and ready

for use. The form may also be accessed and downloaded from the

Florida State Courts’ website at

https://www.flcourts.org/Resources-Services/Court-

Improvement/Family-Courts/Family-Law-Self-Help-

Information/Family-Law-Forms. The amendments shall become

effective April 1, 2022, at 12:01 a.m.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Ashley Elizabeth Taylor, Chair, Family Law Rules Committee, Tampa, Florida, Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Heather L. Apicella, Chair, Family Law Section of The Florida Bar, Boca Raton, Florida, Kristin R.H. Kirkner, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Tampa, -3- Florida, and Jack A. Moring, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Crystal River, Florida,

Responding with comments

-4- APPENDIX

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(e) CHILD SUPPORT GUIDELINES WORKSHEET (04/22)

When should this form be used?

You should complete this worksheet if child support is being requested in your case. If you know the income of the other party, this worksheet should accompany your financial affidavit. If you do not know the other party’s income, this form must be completed after the other party files his or her financial affidavit, and serves a copy on you.

This form should be typed or printed in black ink. You should file this document with the clerk of the circuit court in the county where your case is filed and keep a copy for your records.

What should I do next?

A copy of this form must be filed with the court and served on the other party or his or her attorney. The copy you are serving to the other party must be either mailed, emailed, or hand-delivered to the opposing party or his or her attorney on the same day indicated on the certificate of service. If it is mailed, it must be postmarked on the date indicated in the certificate of service. Service must be in accordance with Florida Rule of General Practice and Judicial Administration 2.516.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of General Practice and Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e- mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Florida Rules of General Practice and Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of General Practice and Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of General

Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (04/22) -5- Practice and Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by email, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of General Practice and Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms.

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In Re: Amendments to Florida Family Law Rules of Procedure - Form 12.902(e), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-family-law-rules-of-procedure-form-12902e-fla-2022.