How to Make Your Ex Share Financial Information in Alberta

When you are separating, you often need your ex's income and financial details to work out child support, spousal support or a property division. If your ex will not share them, it can feel as though your case is stuck.

Alberta has set steps for this. Which one applies depends on the court you are in and the kind of claim you are making. This article walks through the main options in plain language. Rules differ by court and location, so confirm your own situation with a lawyer or a court forms information coordinator.

This article covers the law of Alberta.

Both sides are expected to disclose

Alberta's Family Justice Strategy applies in Greater Edmonton, Calgary, Red Deer and Grande Prairie, and its mandatory requirements must be met before family law applications are filed. One of them is financial disclosure: anyone filing for child support, spousal support, adult interdependent partner support or family property division, and the respondent, must each file a Financial Disclosure Statement.

In the Court of King's Bench, parties seeking relief in a family proceeding must complete these requirements unless the matter is urgent or a waiver has been obtained. So disclosure is not a favour your ex can choose to give. It is part of the process for these claims.

Which court handles what

The Court of King's Bench has sole jurisdiction over divorce and the division of property in Alberta, and it also presides over child and spousal support and custody and access matters. The Alberta Court of Justice (Provincial Court) cannot decide divorce applications or property claims arising from the breakdown of a relationship, but it hears child and spousal support, parenting arrangements, private guardianship and child protection matters.

The disclosure tools below differ depending on which court your claim is in, so start by working out where your application belongs.

The Notice to Disclose in the Court of King's Bench

In the Court of King's Bench, the tool is a Notice to Disclose under Alberta Rules of Court r. 12.41, on Form FL-17. The respondent has one month from service to file and serve a Financial Disclosure Statement. If full disclosure is not provided, they must serve a completed Response to Request for Disclosure explaining why.

If the respondent does not make full disclosure and there is no agreed extension or Consent Order, you may submit a desk application by email for a Disclosure Order without further notice to the respondent. The Justice may then grant a Disclosure Order, which you must serve, or direct a hearing.

• Serve the Notice to Disclose properly, since the one-month period runs from service.
• Check whether your ex has filed a Financial Disclosure Statement or a Response to Request for Disclosure.
• Check whether you have agreed to an extension or signed a Consent Order, because that affects the desk application.
• If a Disclosure Order is granted, serve it on your ex.

In the Court of Justice, and in mediation

In the Court of Justice (Provincial Court), a parent seeking income information uses a Request for Financial Information rather than the King's Bench Notice to Disclose. The Alberta child support guide says the parent living in Canada has 30 days to provide it. Because details can change, confirm the current process with the court or a lawyer before relying on it.

If you use government family mediation and will discuss finances, you must exchange a Financial Disclosure Statement with the other parent. Each parent registers separately within 2 weeks of the other, and lawyers cannot register for you.

What to do next

Court forms information coordinators give free help finding court forms, understanding when to use them and how to fill them out. They are in Calgary, Grande Prairie, Edmonton and Red Deer (civil, criminal and family) and Lethbridge and Medicine Hat (family only), open Monday to Friday 8:15 am to 4 pm.

• Decide which court your claim belongs in.
• Gather your own income and financial records so your statement is complete.
• Find the right form for that court and ask a coordinator for help with it.
• Keep proof of when and how you served your ex.
• Speak with a lawyer if your ex still does not respond, or if safety is a concern.

Frequently asked questions