Florida Financial Affidavit of Indigency
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How to fill out Florida Financial Affidavit Of Indigency?
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FAQ
57.081, based upon an inability to pay must apply to the clerk of the court for a determination of civil indigent status using an application form developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.
You must fill out a form called an Affidavit of Indigency. This form tells the court you cannot afford the fees related to your case.
What if I cannot afford to pay the court fees and costs? You can ask the court if you can file your case without paying court fees by filling out an Application For Determination Of Civil Indigent Status. You will still need to pay a $25 administrative fee and you may be enrolled in a payment plan with the Clerk.
See Florida Statute 27.52. Applicants may apply for the appointment of a public defender or for indigent status for costs. The applicant is notified in writing of the approval or denial of his or her application. The provision of a public defender and/or costs/due process services are not free.
Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.
The purpose of the financial affidavit is to determine the income, assets, liabilities, and expenses of each party, including any expenses for minor children the parties have in common or minor children from prior relationships.
This is mandatory and cannot be waived, even if you have no property, no debts, no income or anything to divide. There are two affidavits: < $50,000 gross income (LESS THAN $50,000) and > $50,000 gross income (MORE THAN $50,000.00).
An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant's income is equal to or below 200 percent of the prescribed for the size of the household of the applicant by the United States Department of Health and Human Services.