What is a Certificate of Financial Disclosure (Form 13A)?

If you serve a corrected or updated financial document, you must also serve and file an updated Form 13A: Certificate of Financial Disclosure before or with any settlement conference or trial management conference materials.

Form 13A: Certificate of Financial Disclosure

According to Rules 13(3.1) and 13(3.2), a party required to serve a financial statement (Form 13) in a support claim is required to serve at the same time a certificate of financial disclosure (Form 13A) along with the following documents:

the income and financial information referred to in subsection 21(1) of the Child Support Guidelines (see below); if the party became unemployed within the last three years, a complete copy of the party’s Record of Employment, or other evidence of termination, and a statement of any benefits or income that the party is still entitled to receive from his or her former employer despite or as a result of the termination; and 207 in the case of a claim for the support of a child, proof of the amount of any special or extraordinary expenses within the meaning of section 7 of the Child Support Guidelines.

Obligation of applicant

• 21 (1) A spouse who is applying for a child support order and whose income information is necessary to determine the amount of the order must include the following with the application:

  • (a) a copy of every personal income tax return filed by the spouse for each of the three most recent taxation years;

  • (b) a copy of every notice of assessment and reassessment issued to the spouse for each of the three most recent taxation years;

  • (c) where the spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the spouse’s employer setting out that information including the spouse’s rate of annual salary or remuneration

  • (d) where the spouse is self-employed, for the three most recent taxation years

    • (i) the financial statements of the spouse’s business or professional practice, other than a partnership, and

    • (ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the spouse does not deal at arm’s length;

  • (e) where the spouse is a partner in a partnership, confirmation of the spouse’s income and draw from, and capital in, the partnership for its three most recent taxation years;

  • (f) where the spouse controls a corporation, for its three most recent taxation years

    • (i) the financial statements of the corporation and its subsidiaries, and

    • (ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length;

  • (g) where the spouse is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s three most recent financial statements; and

  • (h) in addition to any income information that must be included under paragraphs (c) to (g), where the spouse receives income from employment insurance, social assistance, a pension, workers compensation, disability payments or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the appropriate authority stating the required information.