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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.904(a)(2),
PETITION FOR SUPPORT AND PARENTING PLAN UNCONNECTED
WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR
CHILD(REN)
(02/18)
When should this form be used?
This form may be used to ask the court to enter a support order if your spouse has the ability to
contribute to you and your minor child(ren), but has failed to do so. It may also be used to
establish a Parenting Plan with a time-sharing schedule. You can only use this form if a dissolution
of marriage has not been filed and based upon the time-sharing schedule, you are entitled to
support. If a petition for dissolution of marriage has been filed, you should file a Motion for
Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme
Court Approved Family Law Form 12.947(a), 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 cannot address the issues of property or debts. It only deals with alimony, child
support, and Parenting Plans.
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
this petition, you are also 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 child support and 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
Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and
Parenting Plan Unconnected with Dissolution of Marriage (02/18)
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:
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
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and
Parenting Plan Unconnected with Dissolution of Marriage (02/18)
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 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).
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme
Court Approved Family Law Form 12.902(d), if the case involves minor or dependent
child(ren).
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
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.)
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), if
you are asking that child support be ordered in the final judgment. (If you do not know your
spouse’s income, you may file this worksheet after your spouse’s financial affidavit has been
served on you.)
Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a), (b), or (c). If the
parents have reached an agreement, a signed and notarized Parenting Plan should be attached.
If the parents have not reached an agreement, a proposed Parenting Plan may be filed.
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-
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and
Parenting Plan Unconnected with Dissolution of Marriage (02/18)
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.
Child Support. Both parents are required to provide financial support for their minor or
dependent children; however, the court may order one parent to pay child support to the other
parent. Florida has adopted guidelines for determining the amount of child support to be paid.
These guidelines are based on the combined income of both parents and take into account the
financial contributions of both parents and the number of overnights the child(ren) spend with
each parent. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure
Form 12.902(b) or (c), and your spouse will be required to do the same. From your financial
affidavits, you should be able to calculate the amount of child support that should be paid using
the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).
Because the child support guidelines take several factors into consideration, change over time,
and vary from state to state, your child support obligation may be more or less than that of other
people in seemingly similar situations.
Parenting Plan and Time-Sharing. If you and your spouse are unable to agree on parenting
arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a
Parenting Plan. The judge will decide the parenting arrangements and time-sharing based on the
child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves
jurisdiction to modify issues relating to the minor child(ren).
The judge may request a parenting plan recommendation or appoint a guardian ad litem in your
case. This means that a neutral person will review your situation and report to the judge
concerning parenting issues. The purpose of such intervention is to be sure that the best interests
of the child(ren) is (are) being served. For more information, you may consult section 61.13,
Florida Statutes.
A parenting course must be completed prior to entry of the final judgment. You should contact
the clerk, family law intake staff, or judicial assistant about requirements for parenting courses
where you live.
Listed below are some terms with which you should become familiar before completing your
petition. If you do not fully understand any of the terms below or their implications, you should
speak with an attorney before going any further.
Shared Parental Responsibility
Sole Parental Responsibility
Supervised Time-Sharing
No contact
Parenting Plan
Parenting Plan Recommendation
Time-Sharing Schedule
Temporary Relief. If you need temporary relief regarding child support or temporary alimony,
you may file a Motion for Temporary Support and Time-Sharing with Dependent or Minor
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and
Parenting Plan Unconnected with Dissolution of Marriage (02/18)
Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a). 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 Dependent or Minor Child(ren), Florida Supreme Court
Approved Family Law Form 12.994(a), 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(a)(2), Petition for Support and
Parenting Plan Unconnected with Dissolution of Marriage (02/18)
___________
____________
1.
2.
3.
4.
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 AND PARENTING PLAN UNCONNECTED
WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR
CHILD(REN)
I, {full legal name} ______________________________________, the Petitioner, being sworn,
certify that the following statements are true:
JURISDICTION
_____ Petitioner _____ Respondent ______ Both live in Florida at the filing of this Petition for
Support and Parenting Plan Unconnected with Dissolution of Marriage, which is filed pursuant to
section 61.09, Florida Statutes.
Petitioner _____ is or _____ is not a member of the military service.
Respondent _____ is or _____ is not a member of the military service.
MARRIAGE HISTORY
Date of marriage: {month, day, year} ______________________
Date of separation: {month, day, year} ________________ (____Indicate if approximate).
Place of marriage: {county, state, country} ______________________________________.
MINOR CHILD(REN)
[Indicate all that apply]
a. _____Petitioner is pregnant. The baby is due on: {date} ____________
b. _____Respondent is pregnant. The baby is due on: {date}_____________________________
c.____ The minor (under 18) child(ren) common to both parties, conceived or born during the
marriage, are:
Name Birth date
Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
___________
____________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
d.________The child(ren) common to both parties who are 18 or older but who are dependent
upon the parties due to a mental or physical incapacity are:
Name Birth date
5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law
Form 12.902(j), is filed with this petition.
6. 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.
7. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form
12.902(e), _____ is filed with this petition, or _____ will be timely filed.
8. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida
Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.
SECTION I. SPOUSAL SUPPORT (ALIMONY)
1. _____Petitioner does not request spousal support (alimony) from Respondent at this time.
OR
2. _____ 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 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} _________________________.
Explain why the Court should order Respondent to pay and any specific request(s) for type of
alimony (temporary, permanent, rehabilitative, bridge-the-gap, durational, and/or lump sum):
.
3. _____Other provisions relating to alimony including any tax treatment and consequences:
Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________
_________________________________________________________________________
_______________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4. Petitioner requests life insurance on the other spouse’s life, provided by that spouse, to secure
such support.
SECTION II. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING
1. The minor child(ren) currently reside(s) with _____ Petitioner _____ Respondent _____ Other:
{explain} _______________________________________________________________________
2. Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be:
{Choose only one}
a. _____ shared by both parents;
b. _____ awarded solely to _____ Petitioner _____ Respondent. Shared parental responsibility
would be detrimental to the child(ren) because:____________________________________
______________________________________________________________________________.
3. Parenting Plan and Time-Sharing. It is in the best interests of the child(ren) that the family be
ordered to comply with a Parenting Plan that _____ includes _____ does not include parental
time-sharing with the child(ren). For purposes of a Parenting Plan, the Petitioner will be referred
to as {name or designation}____________________, and the Respondent will be referred to as
{name or designation}_________________________________. The Petitioner states that it is in
the best interests of the child(ren) that:
{Choose only one}
a._____ The attached proposed Parenting Plan should be adopted by the court. The parties
{Choose only one} _____ have _____ have not agreed to the Parenting Plan.
b. _____Each child will have time-sharing with both parents as follows: __________________
(_____ Indicate if a separate sheet is attached.)
c. _____ The court should establish a Parenting Plan with the following provisions for:
{Insert name or designation of the appropriate parent in the space provided}
_____ No time-sharing for Parent ________________________
_____ Limited time-sharing with Parent ___________________
_____ Supervised Time-Sharing for Parent ______________Parent________________;
_____ Supervised or third-party exchange of the child(ren).
_____ Explain: __________________________________________________________
_______________________________________________________________________.
4. Explain why this request is in the best interests of the child(ren): _________________________
Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
_______________________________________________________________________
SECTION III. CHILD SUPPORT
1. Respondent has the ability to contribute to the support of his or her minor child(ren) and has failed
to do so. Based upon the time-sharing schedule, the Petitioner is entitled to child support.
[Indicate all that apply]
2.______ Petitioner requests that the Court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes.
3. _____Petitioner requests that the Court award child support to be paid beyond the age of 18 years
by Respondent because:
a.____the following child(ren), {name(s)} ,
is (are) dependent because of a mental or physical incapacity which began prior to the
age of 18 {explain}:
_______________________________________________________________________;
b.____the following child(ren), {name(s)} ,
is (are) dependent in fact, is (are) in high school and is (are) between the ages of 18 and
19; said child(ren) is (are) performing in good faith with a reasonable expectation of
graduation before the age of 19.
4._____ Petitioner requests that medical/dental insurance for the minor child(ren) be provided by:
[Choose only one]
a. _____ Petitioner.
b. _____ Respondent.
5._____ Petitioner requests that uninsured medical/dental expenses for the
child(ren) be paid: [Choose only one]
a. _____ by Petitioner
b. _____ by Respondent
c. _____ equally (each spouse pays one-half)
d. __according to the percentages in the Child Support Guidelines Worksheet, Florida
Family Law Rules of Procedure Form 12.902(e).
e. _ Other {explain}: ___________________________________________________.
6. _____ Petitioner requests that life insurance to secure child support be provided by:
______ Respondent _____ both spouses.
SECTION IV. OTHER RELIEF
Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
_____________________________________________
__________________________________________
______________________________________
______________________________________________
SECTION V. 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:
{Indicate all that apply}
1. ____ awarding spousal support (alimony) as requested in Section I of this petition;
2. ____ adopting or establishing a Parenting Plan containing provisions for parental responsibility and
time-sharing for the dependent or minor child(ren), as requested in Section II of this petition;
3. ____ establishing child support for the minor child(ren), as requested in Section III of this petition;
4.____ awarding other relief as requested in Section IV of this petition; and any other items the
Court deems necessary.
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
Sworn to or affirmed and signed before me on
___ Personally known
___ Produced identification
Signature of Petitioner
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
Designated E-mail Address(es): __________________
by .
NOTARY PUBLIC OR DEPUTY CLERK
{[Print, type, or stamp commissioned name of notary or
deputy clerk.}
Type of identification produced ___________________
Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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 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(a)(2), Petition for Support and Parenting Plan
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW (Florida)

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