Financial statement for family court, Form 13 or 13.1, sworn in Scarborough
In an Ontario family case with a claim for support or for property, each side files a financial statement. Both versions are sworn or affirmed documents: you fill in your income, expenses, assets and debts, then sign in front of the person who takes your oath. You can do that here at 1225 Kennedy Road, seven days a week.
Form 13
Financial Statement (Support Claims)
8 pages
You sign on page 6
Form 13.1
Financial Statement (Property and Support Claims)
10 pages
You sign on page 9
The signature block on both forms names who may take the oath: a lawyer, a justice of the peace, a notary public or a commissioner for taking affidavits.
The claim in the case picks the form
Rule 13 of Ontario's Family Law Rules ties each form to the claims in the application, answer or motion. Read the claims on your court papers, then find the row that matches them.
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Support only: child support, spousal support or both, with no claim about propertyRule 13 (1.1)Form 13Financial Statement (Support Claims)
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A property claim, or a claim to exclusive possession of the matrimonial home and its contents, with or without supportRule 13 (1.2)Form 13.1Financial Statement (Property and Support Claims)
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The only support claimed is child support in the table amount under the Child Support Guidelines, and nothing about propertyRule 13 (1.3)No statement requiredfrom the person making that claim
Where the oath falls in each form
Both forms are the May 1, 2021 editions, in use since September 1, 2021, on Ontario Court Forms. The page where you sign is not the last page. The schedules come after it.
Form 13, support claims
- 1Court, parties, instructions, Part 1 begins
- 2Proof of income, monthly income table
- 3Benefits, Part 2 expenses
- 4Expenses continued, Part 3 assets
- 5Assets continued
- 6Debts, net worth, you sign here
- 7Schedules A and B
- 8Schedule C, special expenses
Form 13.1, property and support claims
- 1Court, parties, Part 1 begins
- 2Proof of income, income table
- 3Part 2 expenses
- 4Expenses, Part 3 others in the home
- 5Part 4 land, household items
- 6Accounts, insurance, business
- 7Money owed to you, Part 5 debts
- 8Parts 6 and 7, marriage date, excluded
- 9Parts 8 and 9, you sign here
- 10Schedules A and B
The dark tile is the sworn block: "Sworn/Affirmed before me", the municipality, the date and the commissioner's signature. Your oath covers the whole statement, including any schedule the instructions on page 1 tell you to complete, so the striped pages are filled in before you come.
Schedule A is for income outside the main table, such as rental income, dividends or RRSP withdrawals. The schedule for special or extraordinary expenses for a child is C on Form 13 and B on Form 13.1. Form 13's Schedule B, other income earners in the home, is Part 3 inside Form 13.1.
Three dates run through Form 13.1
Part 4 opens by asking for the date of marriage, the valuation date and, if different, the date you began living together. Each asset and debt is then valued on each of those dates, and the later parts use one date at a time.
Date of marriage
- One of the three value columns in Parts 4(a) to 4(g) and Part 5
- Part 6 on its own: what you owned and owed that day, without the matrimonial home if you both lived there at separation
Valuation date
- The middle column of every asset and debt table
- Part 7, excluded property such as a gift or inheritance received after the marriage
- Item 22, the value of everything you owned that day
Today
- The third column of each table
- Part 8, property disposed of in the last two years, or during the marriage if that is shorter
Where a section of Parts 4 to 9 does not apply to you, the form says to print "NONE" rather than leave it blank. Part 9 then works out net family property from items 22, 25 and 26.
What the clerk will not accept it without
Under rule 13 (7), a financial statement filed with a support claim is refused at the counter unless proof of income is attached. The form repeats the list in its own paragraphs 3 and 5.
Rule 13 (7.1) keeps tax returns out of the court file: you serve them on the other party, but they are not filed in the continuing record. Ontario's guide to financial disclosure in family court also lists Form 13A, the certificate of financial disclosure, and Form 6B, the affidavit of service.
Attached and filed
Rule 13 (7)
- Proof of this year's income, such as your latest pay stub or a pension or EI stub
- Notices of assessment and any reassessments for the last three tax years
- Or a CRA Income and Deductions printout for a year with no notice
Served, not filed
Rule 13 (7.1)
- Your personal income tax returns for the last three years, with what you filed with them
- In a property claim under Part I of the Family Law Act, the valuation date statements listed in rule 13 (3.3)
How old a sworn statement may be at each court date
A statement sworn at the start of a case does not last to the end of it. Rule 13 (12) and the note above the signature block on both forms set a limit for each kind of court date.
Nothing has changed
An affidavit, usually Form 14A, saying the last statement is still true. It is sworn like the statement.
Small changes
An affidavit setting out the details of the minor changes, also sworn.
Anything bigger
A new Form 13 or 13.1, sworn again from page 1.
Under rule 13 (12.2) the update is served and filed six days before a conference or motion by the party who asked for it, four days before by the other party, and 30 days before a trial. So one case can mean more than one visit to a commissioner. For other sworn papers in the same file, see our page on affidavits.
Swearing it at 1225 Kennedy Road
- Bring the completed form and its schedules with the signature line empty. If it still needs printing, printing and copying here are free.
- Bring government photo ID. We compare it with the full legal name in paragraph 1, "My name is".
- You swear or affirm that the statement is true. Both carry the same legal weight.
- You sign on page 6 or page 9, and the notary fills in the place and date, signs and stamps. The original and your copies leave with you.
If your case is a divorce, the same visit can take care of the Form 36 affidavit for divorce. More on the oath itself is on our commissioning page.
$20
for the first document at the commissioning rate
| First document | $20 |
| Each of documents 2 to 4 | $15 |
| Each from 5 on | $10 |
We confirm the total before anything is signed. Cash or e-Transfer.
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What the notary's signature covers
Ilya Kershtein is a notary public, not a lawyer, and a commissioner for taking affidavits. On a financial statement his signature records that you swore or affirmed it in front of him on that date, at that place.
The figures, the valuation date and the choice of form are your own evidence. Advice on them comes from a family lawyer or a Family Law Information Centre at the courthouse.
Open Monday to Friday 10:00 to 6:30 and weekends 12:00 to 4:00, or book a time.
Questions about swearing a financial statement
Can a notary public commission Form 13 or Form 13.1?
Yes. The line under the signature block on both forms says it is signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.
Can I sign the statement at home and bring it in?
No. You sign after you swear or affirm, in front of the person taking the oath, so leave the signature line on page 6 or page 9 empty.
My last statement is three months old and nothing has changed. Do I swear a new one?
Rule 13 (12.1) allows an affidavit saying the information has not changed and is still true. That affidavit is sworn too, and we can commission it.
Do both spouses come to the same appointment?
No. Each party swears their own statement, so you can come on your own at any time that suits you.
Will you help me fill in the numbers?
No. The amounts are your sworn evidence, and deciding them is legal work. We commission the statement you completed and can print it for you.
Fast & Reliable Notary Services
- 416-951-3301
- kershtein@gmail.com
- 1225 Kennedy Road, Scarborough, Ontario, M1P 4Y1, Suite 2000, Unit #2020
- Mon – Fri: 10:00 am – 6:30 pm
- Sat – Sun: 12:00 pm – 4:00 pm