If a party files an application, answer or motion that contains a claim for child support or spousal support, he or she must file a Form 13: Financial Statement (“Financial Statement”). Additionally, it’s important to understand how to properly complete the Form 13.1 financial statement to ensure accuracy.
At the same time, the party against whom a claim for child support or spousal support is made must also file a Form 13: Financial Statement.[1]
As per Family Law Rule 13.(1):
“If an application, answer or motion contains a claim for support, a property claim, or a claim for exclusive possession of the matrimonial home and its contents,
(a) the party making the claim shall serve and file a financial statement (Form 13 or 13.1) with the document that contains the claim; and
(b) the party against whom the claim is made shall serve and file a financial statement within the time for serving and filing an answer, reply or affidavit or other document responding to the motion, whether the party is serving an answer, reply or affidavit or other document responding to the motion or not.”[2]
Decision-Making Responsibility, Parenting Time or Contact
If an application, answer or motion contains a claim for decision-making responsibility, parenting time or contact regarding a child but does not contain a claim spousal support or child support, the parties are not required to serve and file a financial statement. However, the court may order the parties to serve and file a financial statement, “within the time decided by the court.” [3]
The court can order the service and filing of either a Form 13: Financial Statement or Form 13.1: Financial Statement.
Claim Under Part I of the Family Law Act: Additional Required Financial Disclosure:
A party who is required to serve and file a financial statement with regard to a child support claim or in following with an order from the court and is making a property claim or a claim for exclusive possession, must file a Form 13.1: Financial Statement.[4]
The party must also provide the following documents, unless the court orders otherwise:
- “The statement issued closest to the valuation date for each bank account or other account in a financial institution, pension, registered retirement or other savings plan, and any other savings or investments in which the party had an interest on that date.
- A copy of an application or request made by the party to obtain a valuation of his or her own pension benefits, deferred pension or pension, as the case may be, if any, as of the valuation date.
- A copy of the Municipal Property Assessment Corporation’s assessment of any real property in Ontario in which the party had a right or interest on the valuation date, for the year in which that date occurred.
- If the party owned a life insurance policy on the valuation date, the statement issued closest to that date showing the face amount and cash surrender value, if any, of the policy, and the named beneficiary.
- If the party had an interest in a sole proprietorship or was self-employed on the valuation date, for each of the three years preceding that date,
- the financial statements of the party’s business or professional practice, other than a partnership, and
- a copy of every personal income tax return filed by the party, including any materials that were filed with the return.
- If the party was a partner in a partnership on the valuation date, a copy of the partnership agreement and, for each of the three years preceding the valuation date,
- a copy of every personal income tax return filed by the party, including any materials that were filed with the return, and
- the financial statements of the partnership.
- If the party had an interest in a corporation on the valuation date, documentation showing the number and types of shares of the corporation and any other interests in the corporation that were owned by the party on that date.
- If the corporation in which a party had an interest was privately held, for each of the three years preceding the valuation date,
- the financial statements for the corporation and its subsidiaries, and
- if the interest was a majority interest, a copy of every income tax return filed by the corporation.
- If the party was a beneficiary under a trust on the valuation date, a copy of the trust settlement agreement and the trust’s financial statements for each of the three years preceding that date.
- Documentation showing the value, on the valuation date, of any property not referred to in paragraphs 1 to 9 in which the party had an interest on that date.
- Documentation that supports a claim, if any, for an exclusion under subsection 4 (2) of the Family Law Act.
- The statements or invoices issued closest to the valuation date in relation to any mortgage, line of credit, credit card balance or other debt owed by the party on that date.
- Any available documentation showing the value, on the date of marriage, of property that the party owned or in which he or she had an interest on that date, and the amount of any debts owed by the party on that date
As it can be seen, Form 13.1: Financial Statement is a lengthy and complex document to complete. Retain the services of an experienced family law lawyer in order to ensure it is completed it appropriately.
[1] Section 13 (1), Family Law Rules : O. Reg. 114/99
[2] Section 13 (1), Family Law Rules : O. Reg. 114/99
[3] Section 13 (3), Family Law Rules : O. Reg. 114/99
[4] Section 13 (3.3), Family Law Rules : O. Reg. 114/99
Written By Erick McKinlay