Disclaimer: this information is not meant or intended to be legal advice. Each situation is unique, and small differences in facts can lead to different legal outcomes. You should always speak to a lawyer and get legal advice from a lawyer. Call us for a free consultation.

 

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Before Completing a Form 13: Financial Statement (Support Claims)

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First let us look at the Form 13: Financial Statement (Support Claims). To being with, a party should checkmark his or her status before the court, as either an Applicant or Respondent. Afterwards they should provide their name and address on the form.

 

Completing Part 1 of Form 13: Financial Statement (Support Claims)

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The next step involves completing Part 1 of the Form 13: Financial Statement (Support Claims). Here, depending on the party’s situation, they should checkmark the employment status that applies to them. This can be found under section 2 of the form. They should also fill-out the applicable row with relevant information that is being requested by the form.

 

Under section 3, the party should either checkmark the employment stub that they have in their possession or checkmark the situation that best applies to their current status.

 

Section 4 of the form is asking for the gross income of the party from the previous year. A gross income is simply an individual’s total income before taxes and other deductions are applied.

 

The last section of Part 1 requires that the party checkmark the conditions set out by the form in order for the form to be accepted for filing by the Court. Specifically, a party must attach all of the required documents that are being listed, alongside with this form. This can include a party’s personal income tax returns for each of the past three taxation years, copies of the party’s notices of assessment or reassessment for the past three years, or an income and deductions printout from the Canadian Revenue Agency for each of the past three years. If, however, a party is recognized as an Indian under the Indian Act (Canada) they should checkmark the second portion of section 5 which covers their situation. Specifically, such a person would have to attach their proof of income for the past three years alongside this form.

 

The final portion of Part 1 includes a table that lists out all of the possible income sources that may be available to a person. It must be filled out in such a way that is accurate to your current financial circumstance. Remember, the amounts to be listed on the table are on a monthly basis.

 

Completing Part 2 of Form 13: Financial Statement (Support Claims)

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For Part 2 of the Form 13: Financial Statement (Support Claims), the party must fill-out multiple tables that list out all of the possible expenses that might be incurred by a person throughout their daily life. This includes automatic deductions, housing expenses, utilities, household expenses, transportation expenses, health expenses, personal expenses, and a variety of other expenses. Remember, an expense, in this case, is simply the cost incurred by a party in order to function in their daily life. Again, the amounts that a party should list on the tables should reflect their own situation. In addition, the amount should be on a per monthly basis.

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Completing Part 3 of Form 13: Financial Statement (Support Claims)

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The Part 3 portion of this form involves listing all of the available assets that are in the party’s possession. An asset is defined as a resource that is owned by a person, that can generate cash flow, reduce expenses, or that can be sold for liquid capital. Here in this form, there are a number of tables which cover a variety of different possible assets. The list of possible assets includes, real estate, vehicles, possessions, financial investments, liquid capital that can be found in a bank account, savings plan, RRSP, pension plans, insurance, interest in a business, or money that is owed to the party.

 

The tables should be filled-out according to the party’s own financial situation. Simply follow the instructions listed under each of the applicable tables.

 

The Part 4 portion of this form covers debts. More specifically, it lists out a variety of debts that me be applicable to the party’s situation. This includes mortgages, loans, lines of credit, outstanding credit card debt, unpaid support amounts, and any other form of debt that a person might have incurred. The person filling out this form should only include the amounts of money that are applicable to their situation.

 

First, they should provide the name of the creditor to whom the money is owed. Second, they should provide the full amount of money that is currently owed to the creditor in question.

 

Third, they should provide the monthly payments that are being requested by the creditor. Lastly, the party should checkmark whether or not they are making payments to the debt in question. In Part 5 of the form, a summary of all of the available assets, and total debts should be included. In addition, the total net worth can be determined by subtracting the total amount of debts form the total value of the person’s assets. If this is being done electronically this section of the form may be automatically updated according to the amounts that have been inputted under the prior sections of the form.

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Subsequent Portions to be Completed in Form 13: Financial Statement (Support Claims)

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Other portions of the Form 13: Financial Statement (Support Claims) can be added to the main body of the form if they apply to a person’s current situation. There is the proposed budget which provides a copy of the Part 2 expenses section of the form. This section of the form should be filled out according to the additional expenses that may be incurred by a person should they have care and custody of their child or children.

 

Next is Schedule A, which covers additional sources of income that a person may have. This includes income from being involved in a partnership, having rental property, from dividend payments due to owning shares in a taxable Canadian corporation, amounts that can be withdrawn from a registered retirement savings plan, amounts that can be received from a registered retirement income fund or annuity, and any other possible source of income that has not been previously mentioned. A person should only fill out the sections of Schedule A that are applicable to their own financial situation. If none of the listed income sources applies to a person’s situation, then Schedule A can be ignored.

 

For Schedule B, the form provides a list of possible situations involving other income earners that are staying in the same residence as the party. This schedule should only be filled out only if the party is making or responding to a claim involving undue hardship or spousal support. Again, Schedule B should be filled out in a manner that reflects the current living arrangement of the person who is filling out the form. The relevant sections should be check marked and the applicable information should be included.

 

Last, Schedule C is responsible for covering any special or extraordinary expenses that might be incurred by a parent as a result of caring for their child or children. These expenses can include babysitting, braces in dental care, medical expenses, extracurricular expenses, and even post-secondary tuition. Further details involving this type of expense can be found in the section 7 expense section of the website.

 

In the end, the table should be filled out according to the facts that surround the case that is being presented to the Court. If no special or extraordinary expenses have been incurred, then this Schedule will not have to be included alongside the rest of the form.

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Form 13.1: Financial Statement (Property and Support Claims)

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The Form 13.1: Financial Statement (Property and Support Claims) has some similarities to the previously mentioned Form 13; however, it also includes a number of different sections which are meant to cover the issues surrounding any property disputes or requests for support. To begin with, both Parts 1 and 2 of Form 13.1 is similar to that which can be found in the Form 13: Financial Statement (Support Claims). Simply checkmark and fill out the statements and tables that are applicable to the situation that can be found in your case. For further information on Parts 1 and 2 you may go back to the section covering these areas of the Form13: Financial Statement. The differences between both financial statements begin after Part 2.