How to Write an Affidavit for Florida Family Court

Affidavit vs. declaration

In California, parties submit declarations signed under penalty of perjury without a notary. In Florida, the equivalent document is an affidavit — a sworn written statement that must be signed in the presence of a notary public. Filing an unnotarized affidavit will result in it being rejected or stricken by the court.

Notarization is required

Every affidavit filed in Florida family court must be notarized. This means:

• You must appear before a licensed notary public and sign the affidavit in their presence
• The notary verifies your identity and witnesses your signature
• The notary applies their seal (stamp) and signature to the document
• You cannot sign the affidavit in advance and then bring it to a notary for stamping

Notary publics are available at most banks, UPS stores, courthouses, and many law offices. Remote online notarization is also available in Florida through approved platforms.

Types of affidavits in Florida family court

Financial Affidavit (Forms 12.902(b) and 12.902(c))

The Financial Affidavit is required any time financial matters are at issue — child support, alimony, or attorney fees. There are two versions:

• Form 12.902(b) — Short form. For parties with gross annual income under $50,000.
• Form 12.902(c) — Long form. Required if gross annual income is $50,000 or more.

The Financial Affidavit lists all income sources, monthly expenses, assets, and liabilities. It must be notarized and filed with supporting documents (recent pay stubs, tax returns, bank statements).

Supporting affidavit (general)

In addition to the Financial Affidavit, parties often file a separate supporting affidavit setting out the factual basis for their requests — describing the circumstances, the other party's conduct, and why the relief requested is in the best interest of the child. This is similar to the “declaration” in California family court, but it must be notarized.

How to structure a supporting affidavit

A well-structured affidavit for Florida family court includes:

1. Caption — Case name, circuit, case number, and the title “Affidavit of [Your Name]”
2. Introduction — “I, [Full Name], being first duly sworn, depose and say:”
3. Numbered paragraphs — Each paragraph addresses one factual point. Keep paragraphs short and factual.
4. Attach exhibits — Reference supporting documents as “Exhibit A,” “Exhibit B,” etc., and attach them behind the affidavit.
5. Signature block — Leave space for your signature, the notary seal, and the notary's signature and commission expiration date.

What to include — and what to leave out

Include:

• Specific dates, times, and locations of relevant events
• Direct observations (“I saw” or “I heard”)
• The names of witnesses who can corroborate facts
• Facts directly relevant to the best-interest factors in § 61.13(3)

Leave out:

• Hearsay (“I was told that”) unless the source is identified and the statement falls within an exception
• Legal conclusions (“The other parent is unfit”)
• Character attacks without supporting facts (“He is a bad person”)
• Speculation about the other parent's motives
• Irrelevant historical grievances from years before the current dispute

Common affidavit mistakes