Ontario Form 13: Financial Statement (Support Claims)

What Form 13 is and when it's used

Form 13 is a sworn or affirmed financial statement for a party who is making or responding to a claim for child or spousal support, or a claim to change support, where the case does not include a claim for property, an equalization payment or the matrimonial home. Once any of those is claimed, by either side, Form 13.1 replaces it.

The form's instructions carve out one case: a party whose only support claim is for child support in the table amount under the Child Support Guidelines does not need to complete it.

The statement has five parts: income, expenses, assets, debts, and a summary of assets and liabilities. Three schedules apply depending on the claims. Schedule A covers income not shown in Part 1, such as partnership income, dividends, rental income, capital gains or RRSP income. Schedule B covers other income earners in the home and is completed only by a party making or responding to a claim for undue hardship or spousal support. Schedule C applies when a contribution to special or extraordinary expenses for a child is sought.

Who serves and files it, and when

Under rule 13 of the Family Law Rules, both the party making a support claim and the party responding to it serve and file a financial statement: the claimant with the application, answer or motion that makes the claim, and the other party within the time for responding.

The supporting documents are served on the other party with a Certificate of Financial Disclosure (Form 13A). The form notes that income tax returns are served but should not be filed in the continuing record, unless they are filed with a motion to refrain a driver's licence suspension.

The statement also has to stay current. The form's own note says it must be updated before any court event if it is more than 60 days old by the time of the case conference, more than 30 days old by the time a motion is heard, or more than 40 days old by the start of the trial or trial sittings, whichever comes first. The update is either a new financial statement or a Form 14A affidavit setting out minor changes or confirming the statement remains correct.

Documents that feed it

These are the documents Divo asks for in a support disclosure package:

• →Proof of current income. A recent pay stub, or a pension, social assistance, workers' compensation or employment insurance stub (with the last Record of Employment for EI). For self-employed clients, a statement of income and expenses or professional activities. A letter from the employer confirming income received so far this year also works.
• →Three years of income history. Personal income tax returns for each of the past three taxation years, with everything filed with them, plus the notices of assessment and any notices of reassessment for those years. Where a notice is unavailable or no return was filed, a Canada Revenue Agency Income and Deductions printout for each of those years.
• →An existing financial statement. Helpful if one was sworn earlier in the case, though not required.
• →Any existing order or agreement. The current support terms, and what has actually been paid under them.
• →The parenting schedule. Where parenting time affects support, for example a shared or split parenting arrangement.
• →Section 7 expense receipts. Receipts for special or extraordinary expenses, if a contribution is claimed on Schedule C.

Common mistakes that get a Form 13 challenged

• →Using Form 13 when property is in issue. If either party makes or responds to a claim for property, equalization or the matrimonial home (including exclusive possession), the statement has to be Form 13.1. A Form 13 in a property case leaves out the date-of-marriage, valuation-date, excluded property and net family property parts the other side is entitled to see.
• →Mixing monthly and annual figures. The Part 1 income table is monthly, with the annual total calculated as monthly income times 12, while item 4 asks for last year's gross income. Annual figures typed into the monthly column inflate income twelvefold.
• →Stale income information. A statement sworn before a raise, a job loss or a new notice of assessment has to be updated within the windows above. Opposing counsel will check the current pay stub against Part 1.
• →Missing notices of assessment. All three years of returns, notices of assessment and reassessments are required. Where a notice is unavailable, the CRA Income and Deductions printout fills the gap. Form 13A warns that a court may make an order against a party who doesn't provide required disclosure.
• →An unsworn statement. Form 13 is signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.

The official form

Ontario publishes the Family Law Rules forms on the Ontario Court Forms site. Check the version date printed on a form before you file it.

• →Form 13 Financial Statement (Support Claims), May 2021 (PDF) ↗
• →All Family Law Rules forms on Ontario Court Forms ↗

Frequently asked questions

Related Ontario forms

• →Form 13.1 Financial Statement (Property and Support Claims)
• →Form 13A Certificate of Financial Disclosure
• →Ontario financial disclosure checklist
• →All Ontario family court forms Divo prepares