Financial documents for child or spousal support claims

If your case involves child or spousal support issues (regardless of whether or not there are property issues), you must give the other party:

  • proof of your current income (for example, a copy of your most recent pay stub, social assistance statement, or pension stub that shows how much you earn in a year).
  • proof of income for each of the past three taxation years, either:
    • a copy of your Notices of Assessment and any Notices of Reassessment for each of the past three years, you can contact the Canada Revenue Agency 1-800-959-8281 to get copies of these documents
    • other proof of income if you swear or affirm that you are not required to file an income tax return under the Canadian Indian Act
  • if you are self-employed:
    • a copy of your financial statements for your business or professional practice (other than a partnership) for each of the past three years
    • a statement showing a breakdown of all salaries, wages and other benefits paid to others for the past three years
  • proof of any income from a partnership, corporation or trust for the past three years
  • proof of any income received from employment insurance, social insurance, a pension, workers compensation, disability payments or any other income source for the past three years
  • if you’ve been unemployed within the past three years:
    • a copy of your Record of Employment or other proof that your job ended
    • a statement of any income or benefits that you have received or will receive from your former employer
  • if you are asking that the other party contribute to a child’s special or extraordinary expenses, proof of the amount of those expenses (for example, receipts for a child’s daycare or orthodontic treatments)
  • other documents you may also want to file with your application, such as a prior court order or Notices of Calculation or Recalculation issued by the Ministry of the Attorney General’s online Child Support Service

Serve and file your supporting documents

The above supporting financial documents must be served on the other party, either:

  • with your Financial Statement (Form 13)
  • within 30 calendar days after your Financial Statement (Form 13.1) is due to be served

All of these documents must be served on the other party. However, only some of them must be filed with the court, including your:

  • proof of current income
  • Notices of Assessment and any Notices of Reassessment from the Canada Revenue Agency for the past three years

Financial documents for property or debt claims

If your case involves property issues, you will need to give the other party additional financial documents. These documents should be dated closest to the time that you and the other party separated. Financial documents regarding property may include:

  • statements of your bank accounts, savings plans and other investments (including Registered Retirement Savings Plans)
  • if you have a pension, a copy of an application to value your pension
  • a copy of the Municipal Property Assessment Corporation’s assessment of any property in Ontario that you had an interest in on the valuation date
  • a document that shows the cash value of any life insurance policies that you have, and the named beneficiaries
  • if you have an interest in a sole proprietorship or are self-employed. A copy of:
    • the financial statements for your business or professional practice (other than a partnership) for each of the past three years
    • your personal income tax returns for the past three years
  • if you have an interest in a partnership, a copy of:
    • the partnership agreement
    • your personal income tax returns for the past three years
    • the financial statements for the partnership for the past three years
  • if you have an interest in a corporation, documents to show the number and types of shares or other interests you own
    • if your interest is in a privately held corporation, this will include Financial Statements and, in some cases, corporate income tax returns.
  • documents to show the interest you have in any trusts
  • statements showing the debts you owe, such as mortgages and credit cards)
  • documents showing the value, on the date you married, of any property that you owned or debts that you owed (these are called deductions)

You must give these documents to the other party within 30 calendar days after your Financial Statement (Form 13.1) was due to be served.

You do not need to file these documents with the court, unless a judge orders otherwise.

Other financial disclosure forms

You may need to serve and file more financial disclosure forms, depending on the issues and the stage of your court case.

Generally, if you or the other party made claims regarding property, you must complete:

  • Form 13B: Net Family Property Statement and serve it on the other party and file it with the court at least:
    • six business days before a settlement conference if you asked for the conference or you are the applicant and no other party asked for the date (for example, a judge scheduled the date)
    • four business days before a settlement conference, if you received a notice of conference from the other party or if you are the respondent and no other party asked for the conference
    • 30 calendar days, before the earlier of the start of a trial or of a trial sitting (the period of time available for the court to schedule a trial to take place)
  • Form 13C: Comparison of Net Family Property Statements jointly with the other party, if possible, and filed at least six business days before a settlement conference. If you and the other party cannot complete this form together, you must each serve and file your own form at least:
    • six business days before a settlement conference if you asked for the conference, or if you are the applicant and no other party asked for the conference (for example, a judge scheduled the conference)
    • four business days before a settlement conference if you received a notice of conference from the other party, or if you are the respondent and no other party asked for the conference