Form 12.904(A)(1) "Petition for Support Unconnected With Dissolution of Marriage With Dependent or Minor Child(Ren)" - Florida

What Is Form 12.904(A)(1)?

This is a legal form that was released by the Florida Courts - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on February 1, 2018;
  • The latest edition provided by the Florida Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.904(A)(1) by clicking the link below or browse more documents and templates provided by the Florida Courts.

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Download Form 12.904(A)(1) "Petition for Support Unconnected With Dissolution of Marriage With Dependent or Minor Child(Ren)" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.904(a)(1),
PETITION FOR SUPPORT 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. 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, debts, or parental responsibility and time-
sharing with child(ren). It only deals with alimony and child support.
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
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(1), Petition for Support
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.904(a)(1),
PETITION FOR SUPPORT 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. 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, debts, or parental responsibility and time-
sharing with child(ren). It only deals with alimony and child support.
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
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(1), Petition for Support
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(1), Petition for Support
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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.)
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, lump sum alimony, and/or rehabilitative alimony.
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
Instructions for Florida Supreme Court Approved Family Law Form 12.904(a)(1), Petition for Support
Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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.
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
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)(1), Petition for Support
Unconnected with Dissolution of Marriage with 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 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).
Place of marriage: {county, state, country} ______________________________________.
4.
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)(1), Petition for Support Unconnected with
Dissolution of Marriage with Dependent or Minor Child(ren) (02/18)
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