If you and the other party have minor children (under the age of 19) OR have children who are over 19 but are still ‘dependent’ (in school, or are unable to support themselves because of a disability, for example) one or both of you must file financial information with the application to register a separation agreement.
Financial information must be filed by anyone paying child support, or by both people if there is a shared or split parenting arrangement. Both people may also have to file financial information if the child support includes special expenses.
You may also have to file your child’s financial information, if they are over 19. The Child Support Guidelines provide rules that the court must follow when dealing with child support. Even though you and your ex-partner may have worked out a child support amount in your separation agreement, the judge reviewing your application has to make sure that the amount is appropriate, at the time you make your application, according to the Guidelines.
When financial information is required, this usually includes a Statement of Income with attachments.
Family Court - Statement of Income form FC 3
The attachments to your Statement of Income generally include:
Last 3 years’ income tax returns and notices of assessment or re-assessment from the Canada Revenue Agency
Current income information like:
if you are employed: your 2 most recent paystubs
if you are unemployed: your 2 most recent benefits statements (for example, from Employment Insurance, Workers’ Compensation, medical insurance, income assistance, CPP or other pension information)
if you are self-employed: your most recent completed tax return with attachments, including statement of business activities OR most recent financial statement of your business or professional practice
- if you are employed: your 2 most recent paystubs
What if I need the other party’s financial information, and they will not give it to me?
If this is your situation, you can try providing the court with any financial information that you have for the other party. For example, if they have left paystubs or tax information behind, you can provide copies of these to the court.
Some websites provide income information averages based on location, and what a person does for a living and for how long, etc. You can print this information off and provide it to the court as well. It will be up to the judge to decide if the information is acceptable.
You can also ask the court to issue a Direction to Disclose to the other party. You can ask the court to do this by providing a letter explaining the situation. The Direction will tell the other person that they have to file certain financial information with the court.
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