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FS Support Claims - Completion Instructions

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					   Instructions for Completing Financial Statement
              (Support Claims) Form 13
Types of Financial Statements
There are two Financial Statement forms that are used in court proceedings, arbitrations
and mediations: Form 13 and Form 13.1. Which form you use depends on what issues
are being mediated and/or arbitrated.

Financial Statement (Support Claims) Form 13

Financial Statement (Support Claims) Form 13 is used if the issues include child and/or
spousal support, but no property issues.

Financial Statement (Property Claims) Form 13.1

Financial Statement (Property Claims) Form 13.1 is used if the issues include child
and/or spousal support, as well as property issues such as the possession and division of
property. Form 13.1 is also used if there are property issues, but no support issues.

These instructions relate to completing Financial Statement (Support Claims) Form 13.

Form 13 Completing Instructions
Spouse and Lawyer Information

In the boxes where indicated fill in the full legal names and addresses of you and your
spouse, and the names and addresses of your respective lawyers, if represented.

Section 1

Section 1 asks you to provide your full legal name, which includes your middle names,
and the place where you live. While the wording asks for your municipality, all that is
needed is the name of the city or the town that you live in and the province. For
example: Toronto, Ontario.

You are then asked to indicate how many pages your Financial Statement is. You won’t
know this until you have fully completed the Statement.

Section 1 then asks you to give the date for which the information you are providing is
accurate. This is usually the date you complete the form. However, rather than an exact
date, you can list the month and year, provided it is the same month as the month in
which you are completing the form.

You then have to click off the box marked “me”.

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Part 1: Income

Part 1 asks for information about your income for a period of one year. Fill in the dates
of the most recent 12 month period for which you received income, and state the gross
amount of all income and other money that you receive from all sources, whether taxable
or not. You can either input the dates for the last calendar year or if you know how much
your income will be for the current year, the dates for the current calendar year.

This Part asks for your monthly income. You need to give the actual amount if you can.
To get a monthly figure you must multiply weekly income by 4.33 or divide yearly income
by 12.

Part 1 lists a number of examples of types of income that you can receive including
income from employment, from employment insurance, and rental income. If you do not
see listed a type of income or other money amount that you receive, describe this
income/money in box 16: Other.

Part 2: Other Benefits

Part 2 asks about other benefits that you receive. These are non-cash benefits, such as
the use of a company car, a club membership or room and board that your employer or
someone else provides for you. They can also include benefits that are charged through
or written off by your business, for example, vacations and food expenses.

You need to include details about these benefits and their estimated monthly market
value. For example, if your employer leases a car for you and the lease costs $500.00 per
month, then include $500.00 per month in the box marked “Monthly Market Value”.

Line 19 asks you to add up your gross monthly income and benefits. I have a special
program for completing Financial Statements, so you need not worry about making any
of the calculations requested throughout the Financial Statement.

Part 3: Automatic Deductions from Income

Part 3 asks you to list what your automatic deductions are from your income. You will
need to use the same 12 month period that you used in Part 1.

Part 3 lists a number of examples of types of deductions, for example income tax
deducted from pay, Canada Pension Plan and employment insurance. If you do not see
listed another type of deduction you may have, describe this deduction in box 26: Other.

Line 28 asks you to add up your net monthly income which equals line 19 minus line 27,
being the total of your automatic deductions. Don’t worry: my special program will do
this calculation for you.

Part 4: Total Expenses

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Part 4 requires you to fill in detailed information about your monthly expenses for the
same 12 month period listed in Part 1. You are to fill out your total living expenses,
including any expenses for any children living in your home.

Do your best to fill in accurate amounts. To do this, you will likely need to consult your
bills and statements. If the cost of one of your expenses varies from month to month, for
example your telephone bill, than put in an average amount for that expense.

You will note that Part 4 is divided by type of expense. In the section marked Food,
Clothing and Transportation, at line 48, if you are leasing your car and not financing it,
put in the monthly amount of the lease and write in brackets beside “payments” the word
“lease”.

Note: do not fill out line 77 if you are including a credit card debt in Part 8 of the
Financial Statement as Part 8 asks you for the monthly amount you are paying on
account of your credit card debt.

At the bottom of Part 4 you are asked to subtract your monthly expenses from your net
monthly income. This will indicate whether you have a surplus or a deficit of income
each month. Don’t worry: my special program will do this calculation for you.

Part 5: Other Income Information

Part 5 asks you for other income information. Section 1 asks for information about your
employment.

If you are employed, you need to provide the name and address of your employer. If you
are self-employed, you need to list the name and address of the business that you are
carrying on. If you are not employed, you need to indicate the last date you were
employed.

Section 2 requires you to attach the following documents with respect to your income:

   a copy of your Income Tax Returns that were filed with the Canada Revenue
    Agency for the past 3 taxation years, together with a copy of all material filed
    with the returns and a copy of any Notices of Assessment or Re-assessment
    that you have received from the Canada Revenue Agency for those years; or
   a statement from the Canada Revenue Agency that you have not filed any
    Income Tax Returns for the past 3 years; or
   a direction in Form 13A signed by you to the Taxation Branch of the Canada
    Revenue Agency for the disclosure of your Tax Returns and Notices of
    Assessment to the other party for the past 3 years.
If you have your Tax Returns and Notices of Assessment or can get them from your
accountant, it is best to provide these rather than relying on Form 13A.

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Part 5 then asks you to provide proof of your current income. You should attach a copy of
your pay cheque stub, employment insurance stub, worker’s compensation stub, pension
stub or another document that proves your current income.

Part 6: Other Income Earners in the Home

Part 6 asks for information about other income earners that are living in your home. You
only need to complete this part if one of the issues you are submitting to mediation
and/or arbitration is spousal support.

In line 1 or 2 you need to indicate whether you are living with another person, for
example, a common law spouse, same sex partner, roommate or tenant. If you complete
line 2 you will need to complete lines 3 to 6.

If in line 6 you are not sure how much the other person living in your household
contributes per month, just include an estimate.

Part 7: Property

Part 7 asks for information about ALL property that you own. You need to be honest
about the property you own. If you have a house and a bank account in the Cayman
Islands, for example, you need to list it. Otherwise, you could end up with a long,
protracted battle with your spouse trying to prove that you own this property and you
trying to deny its existence. The truth will likely come out, so it is not worth lying about
your assets.

For some of the property that you own it may be difficult to determine its market value.
So just list an estimated market value. However, if it is a valuable asset such as a house
or a business, you will likely need to obtain a valuation of that asset.

In the section marked “Land” include the estimated market value of your property, but
do not deduct mortgages or disposition costs as mortgages and costs should be listed in
Part 8: Debts and Other Liabilities. You need to indicate the percentage of your interest.
If you owned the property as a joint tenant or a tenant in common with someone else, you
will have a 50% interest in that property. If the property is held solely in your name,
than you have a 100% interest in that property.

In the section marked “General Items and Vehicles” you can just list household goods,
furniture, tools, sport and hockey equipment, etc. that are particularly valuable. For
example, you don’t need to list your cutlery unless you have genuine silver cutlery of
significant value. If you have a dinning room set from IKEA you probably don’t need to
list it. But if the dinning room set is antique oak, it may have significant value. You
need to list the estimated current market value in terms of how much you think you
would get if you sold the property, not how much it would cost you to replace the
property. To get the estimated market value, it is helpful to look for the same or similar
items on eBay or other websites that sell used property.
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This section asks you to indicate where the property is located. However, this
information is rarely included by lawyers in Financial Statements. As well, the year and
make is typically only indicated for cars, vehicles and boats.

In the section marked “Bank Accounts, Savings, Securities and Pensions” you need to
include any and all bank accounts that you have, whether owned solely or jointly, as well
as other monetary assets such as your RRSPs, pension, stocks, bonds, mutual funds and
term deposits. You can typically get their market value from recent statements. Try to
give the amount in your bank account, for example, on the day of or within days of the
date of your Financial Statement. If you have a pension, you will need to obtain a
valuation from a professional valuator.

In the section marked “Life and Disability Insurance” you need to list all your life and
disability insurance policies. However, not all your policies will have a cash surrender
value.

In the section marked “Business Interests” list any interest in an unincorporated
business you own. An interest in an incorporated business may be shown here or under
“Bank Accounts, Savings, Securities, and Pensions”. Give your best estimate of the
market value of your interest. If your interest is considerable, you will likely be required
to obtain a valuation of the business.

Part 8: Debts and Other Liabilities

Part 8 requires you to list all of your debts and other liabilities. This may include
mortgages, lines of credit, credit card debts, accounts payable, unpaid legal or
professional fees arising from your separation and/or divorce, monies owed to Canada
Revenue Agency and contingent liabilities such as guarantees or warranties.

If you can, obtain the amount owing from your most recent statements with respect to
each debt or other liabilities.

Part 9: Summary of Assets and Liabilities

Part 9 asks you to deduct your debts from your liabilities to determine your net worth.
Don’t worry: my special computer software will do this calculation for you.

At the end of the Financial Statement you will need to indicate whether you expect any
changes to your financial situation. If you do, you need to describe the expected changes.
You can also attach a proposed budget to the Financial Statement. This is essentially
Part 4, with the heading “Total Expenses Proposed Budget”.

As the Financial Statement is a sworn Statement I will have you sign it either in front of
me, or your lawyer if you are represented.



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