Filling Out a Financial Statement for Ontario Family Court

If you are claiming support or property in an Ontario family case, the court expects you to lay out your finances in a standard form. Choosing the right form and completing it fully is one of the most important steps in your case.

This article explains which form applies, what else you may need to serve, and the mistakes that cause trouble.

Who must file a financial statement

A party making a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement, on Form 13 or 13.1.

There is an exception. If your only support claim is for child support in the table amount under the Child Support Guidelines, and there is no property or exclusive-possession claim, you are not required to file a financial statement.

A respondent who makes their own claims in their Answer must also provide financial disclosure if support or property is in issue.

Form 13 or Form 13.1

Form 13 is used where support is claimed with no property claim and no claim for exclusive possession of the matrimonial home. Form 13.1 is used whenever there is a property or exclusive-possession claim, whether or not support is also claimed.

What else to serve with it

In support cases, a party must also serve certain documents. These include:

• The income and financial information described in s. 21(1) of the Child Support Guidelines.
• If you became unemployed within the last three years, a complete copy of the Record of Employment or other proof of termination, plus a statement of any continuing benefits from the former employer.
• For child support, proof of any special or extraordinary (s. 7) expenses.

If your case is started by application, financial disclosure goes in with the Continuing Record when your case involves child support, spousal support or property.

Common mistakes and why they matter

• Using Form 13 when you have a property claim, when Form 13.1 is the form that applies.
• Leaving out supporting documents, such as proof of termination of employment.
• Leaving out assets or debts because you think they are unimportant.
• Filing a statement but forgetting to serve it on the other party.

If a party has not served or filed required financial documents, the court may, on motion, order them to do so, and if it makes that order it must also order the party to pay costs.

The risk can come after settlement too. A court may set aside a domestic contract, or a provision in it, if a party failed to disclose significant assets to the other.

What to do next

• List your claims and decide whether Form 13 or Form 13.1 applies.
• Gather income records, account statements and information about assets and debts.
• If you lost a job in recent years, find your Record of Employment.
• Complete the form honestly and completely, then serve and file it.
• Get advice from a lawyer or accountant if your finances are complicated, such as a business, or if you are unsure what to include.

Frequently asked questions