Financial Disclosure Form (FDF) & 16.2 Disclosures
So you filed a Complaint for Divorce and your spouse filed an Answer disagreeing with what you requested. Or maybe it’s the other way around. Either way, you and your spouse don’t see eye to eye on all the terms of your divorce, and litigation is going to be necessary.
Your spouse has vowed to drag out the divorce for as long as possible and to withhold information from you about their income, assets, and debts, thereby making you spend a lot more time and money trying to get the information yourself. Is there some kind of rule against this?
Yes – Rule 16.2 of the Nevada Rules of Civil Procedure (NRCP), which applies to all Nevada divorce and child custody cases. NRCP 16.2 was specifically designed to speed up litigation, increase transparency and the exchange of evidence, and to reduce the costs of litigation by requiring the timely filing of a Financial Disclosure Form (“FDF”) and mandating each party to automatically disclose financial information and documents.
The Financial Disclosure Form (FDF)
Divorce court, and custody court, require each party to file a FDF within 30 days of service of the Complaint for Divorce. The FDF is a standard form used in all divorce actions throughout the State of Nevada. The FDF is a very important document in divorce litigation and is relied upon by the Judge to make important decisions in the case.
The FDF requires each party to disclose a substantial amount of personal and financial information under penalty of perjury, including their:
- Age, education, and level of disability;
- Prior and current employment, including job title and work schedule;
- Year-to-date and gross monthly income from all sources;
- Voluntary and involuntary payroll deductions, such as federal income tax, medicare, social security, health insurance, retirement, union dues, etc.;
- If applicable, business/self-employment income and legitimate business expenses;
- Personal monthly expenses, such as mortgage or rent, car loan/lease, food, fuel, utilities, HOA fees, property taxes, student loans, unreimbursed health expenses, etc.;
- Monthly expenses for the minor children, including cell phone, child care, clothing, education, extracurricular activities, unreimbursed health expenses, vehicle, etc.;
- Financial contributions from other household members;
- Assets and debts, including a description, the gross and net value, the amount owed, and whose name is on the asset or debt;
- Attorney’s fees and costs paid and owed; and
- Three (3) most recent payroll statements or other proof of business/self-employment income.
Each party’s FDF must be complete and accurate at all times. Anytime a party learns their FDF is incomplete or incorrect in some material respect, that party is required by NRCP 16.2(e) to file an amended FDF within 14 days.
Mandatory Disclosure Of Information (aka 16.2’s)
At the same time that the FDF is filed, NRCP 16.2(d) requires each party to serve on the other party disclosures as to a wide variety of financial information and documents. We call these 16.2’s for short. The following documents are required;
- Evidence supporting their FDF;
- Bank, investment, and other periodic income statements dating back to 6 months before the Complaint was served;
- Health and life insurance policies covering either party or their children;
- Personal and business tax returns for the last 3 years;
- Proof of income from all sources for the last 2 calendar years and year-to-date income information; and
- A copy of every other document or exhibit the party expects to offer into evidence at the divorce Trial.
These disclosures are mandatory and must be made automatically and without any request from the other party. Like with the FDF, each party has a continuing duty to supplement the disclosures. Whenever a party discovers or acquires new or different information, they have 14 days to serve the additional or amended disclosures on the other party.
Failure To File an FDF o 16.2’s
If a party fails to timely file or serve a FDF or fails to timely serve the mandatory disclosures of information, then the Judge can impose appropriate sanctions. Sanctions may be against the violating party, their attorney, or both, and can include:
- Civil contempt of court;
- An order requiring the violating party to file and serve their FDF or disclosures by a certain date;
- An award of reasonable attorney fees and costs to the non-violating party;
- An order refusing to allow the violating party to present evidence on certain claims or defenses;
- An order prohibiting the violating party from introducing evidence on certain matters; and
- Any other sanction the Judge deems just and proper.