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FORM 12.904(b),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.904(b),
PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF
MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)
(02/18)
When should this form be used?
This form may be used if a dissolution of marriage has not been filed, and you are requesting alimony. If
a petition for dissolution has been filed, you should file a Motion for Temporary Support with No
Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c), instead of
using this petition. Also, if you are requesting that an order be entered for you to pay support to your
spouse, you should not file this form.
This petition does not address the issues of property or debts. It only deals with alimony.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records. Because you are filing the petition in this
proceeding, you are referred to as the petitioner and your spouse as the respondent.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of 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
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.
What should I do next?
For your case to proceed, you must properly notify your spouse of the petition. Because this petition
concerns alimony, you should use personal service. If your spouse is in the military service of the
United States, additional steps for service may be required. See, for example, Memorandum for
Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a) and
Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b). Service on a
spouse who is in the military can be complicated; therefore, you may wish to consult an attorney
regarding this issue.
Your spouse has 20 days to answer after being served with your petition. Your case will then generally
proceed in one of the following three ways:
Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected
with Dissolution of Marriage with No Dependent or Minor Child(ren) (02/18)
DEFAULT. If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme
Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the
required papers, you may contact the clerk, family law intake staff, or judicial assistant to set a final
hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida
Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
UNCONTESTED. If your spouse files an answer that agrees with everything in your petition or an answer
and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you
may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify
your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved
Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED. If your spouse files an answer or an answer and counterpetition, which disagrees with or
denies anything in your petition, and you are unable to settle the disputed issues, you should file a
Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with
mandatory disclosure and filed all of the required papers. Some circuits may require the completion of
mediation before a final hearing may be set. Then you should contact the clerk, family law intake staff,
or judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files
an answer and counterpetition, you should answer the counterpetition within 20 days using an Answer
to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).
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. The words that are in bold underline in these instructions are defined there.
For further information, see section 61.09, Florida Statutes.
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 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 Rules of 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 Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the
Rules of 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 e-mail, 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
Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected
with Dissolution of Marriage with No Dependent or Minor Child(ren) (02/18)
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 Judicial Administration 2.516.
Special notes...
If you do not have the money to pay the filing fee, you may obtain an Application for Determination of
Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to
have filing fees deferred.
With this form you must also file the following:
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). (This
must be filed within 45 days of service of the petition on the respondent, if not filed at the time of
the petition.)
Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form
12.932. (This must be filed within 45 days of service of the petition on the respondent, if not filed at
the time of the petition, unless you and the other party have agreed not to exchange these
documents.)
Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for
it and that the other spouse has the ability to pay. If you want alimony, you must request it in writing
in the original petition. If you do not request alimony in writing before the final hearing, it is waived
(you may not request it later). You may request permanent alimony, bridge-the-gap alimony,
durational alimony, and/or rehabilitative alimony. If alimony is awarded, the judge may order periodic
payments, payments in lump sum, or both.
Temporary Relief. If you need temporary relief regarding alimony, you may file a Motion for Temporary
Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form
12.947(c). For more information, see the instructions for that form.
Final Judgment Forms. These family law forms contain a Final Judgment of Support Unconnected with
Dissolution of Marriage with No Dependent or Minor Child(ren), Florida Supreme Court Approved
Family Law Form 12.994(b), which the judge may use if your case is contested. You should check with
the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment with
you to the hearing. If so, you should type or print the heading, including the circuit, county, case
number, division, and the parties’ names, and leave the rest blank for the judge to complete at your
hearing or trial.
Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you
fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family
Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out
these forms also must put his or her name, address, and telephone number on the bottom of the last
page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected
with Dissolution of Marriage with No Dependent or Minor Child(ren) (02/18)
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
In re: the Marriage of: Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF
MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)
I, {full legal name} ______________________________________________, the Petitioner, being sworn,
certify that the following statements are true:
1. JURISDICTION
_____ Petitioner _____ Respondent _____ Both live in Florida at the filing of this Petition for
Support Unconnected with Dissolution of Marriage, which is filed pursuant to section 61.09, Florida
Statutes.
2. Petitioner _____ is or _____ is not a member of the military service.
Respondent _____ is or _____ is not a member of the military service.
3. MARRIAGE HISTORY
Date of marriage: {month, day, year} ______________________________________________
Date of separation: {month, day, year} (___Indicate if approximate) ______________________)
4. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or
(c),_____ is filed with this petition or _____ will be timely filed.
5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form
12.902(j), _____is filed with this petition or _____ will be timely filed.
SECTION I. SPOUSAL SUPPORT (ALIMONY)
1. Respondent has the ability to contribute to Petitioner’s support and has failed to do so. Petitioner
requests that the Court order Respondent to pay the spousal support (alimony) to Petitioner, who
claims that he or she has an actual need for the support that he or she is requesting.. Spousal
support (alimony) is requested in the amount of $__________every _____ week _____ other week
_____ month, or ______ other _______________beginning {date} ______________, and continuing
until {date or event}_________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of
Marriage with No Dependent or Minor Child(ren) (02/18)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Explain why the Court should order Respondent to pay and any specific request(s) for type of
alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum):
_________________________________________________________________________________.
2. _____ Other provisions relating to alimony including any tax treatment and consequences:
_________________________________________________________________________________.
3. _____ Petitioner requests life insurance on Respondent’s life, provided by Respondent, to secure
such support.
SECTION II. OTHER RELIEF
SECTION III. REQUEST (This section summarizes what you are asking the Court to include in the order
for support.)
____ Petitioner requests that the Court enter an order establishing support and:
[Indicate all that apply]
1____ awarding spousal support (alimony) pursuant to Section I of this petition;
2.____ awarding other relief as specified in Section II of this petition; and any other terms
the Court deems necessary.
Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of
Marriage with No Dependent or Minor Child(ren) (02/18)
_____________________________________________
_____________________________________________
_____________________________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
petition and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
Dated: ______________________
STATE OF FLORIDA
COUNTY OF ____________________
Signature of Petitioner
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number: _____________________________
Fax Number: __________________________________
Designated E-mail Addresses):_____________________
Sworn to or affirmed and signed before me on ____________ by _______________________________.
NOTARY PUBLIC or DEPUTY CLERK
_____________________________________________
[Print, type, or stamp commissioned name of notary or
deputy clerk.]
____ Personally known
____ Produced identification
____ Type of identification produced ________________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} Petitioner
This form was completed with the assistance of:
{name of individual} ______________________________________________________________,
{name of business} ________________________________________________________________,
{address} _________________________________________________________________________,
{city} __________________,{state} _____, {zip code}__________, {telephone number} _____________.
Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of
Marriage with No Dependent or Minor Child(ren) (02/18)
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FORM 12.904(b),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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Completed 10 January 2021

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