CJA 23 — Motion/Financial Affidavit (for all CJA cases) is a document used in Criminal Justice Act (CJA) cases. It is a sworn statement that provides financial information about the defendant in order to determine if he or she is eligible for appointed counsel or other CJA services. The affidavit is completed by the defendant or an individual with knowledge of the defendant's financial resources and submitted to the court. The CJA 23 — Motion/Financial Affidavit has two main parts: The motion and the financial affidavit. The motion is a request to the court to allow the defendant to receive CJA services. The financial affidavit is a detailed financial statement that includes information about the defendant's income, assets, liabilities, and other sources of financial support. There are two types of CJA 23 — Motion/Financial Affidavits: the initial Motion/Financial Affidavit and the updated Motion/Financial Affidavit. The initial Motion/Financial Affidavit is submitted to the court at the beginning of a case. The updated Motion/Financial Affidavit is a subsequent motion that is filed if the defendant's financial information changes during the course of the case. In both types of CJA 23 — Motion/Financial Affidavits, the defendant must provide accurate information and sign the affidavit in order for the court to consider the motion.
CJA 23 - Motion/Financial Affidavit(for all CJA cases)
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FAQ
You must file your financial affidavit for divorce in Florida with the court and serve it on your spouse within 45 days of being served with the divorce petition.
In a regular dissolution of marriage, uncontested divorces can also include a financial affidavit, which must be filled out within 45 days of the divorce paperwork being served. If a spouse hides any information, then the other spouse may want to consider a deposition.
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.
The requirement that each party file a completed Financial Affidavit cannot be waived and the Affidavit must be filed. If you and the other party agree to waive the requirements of the Mandatory Disclosure Rule you may file a Waiver of Mandatory Disclosure with the court.
Be sure that your financial affidavit is notarized before filing it with the Court, as the statute requires the document be sworn.
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).
Is a Financial Affidavit Necessary in Every Divorce? In most Florida divorces, including Florida simple divorces, a financial affidavit must be filed.