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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-06-2020, 09:16 AM
twheel23 twheel23 is offline
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Default Form 13.1 / financial disclosure

I have only been in Ontario a couple of years so not sure about how things work here re: divorce. My questions are about Ontario "Form 13.1: Financial Statement (Property and Support Claims) sworn/affirmed":

If a couple is signing a separation agreement and not going to court, does Form 13.1 get filed with the government (where/who has access/how is it kept private) or does it simply stay on file with the lawyers’ offices?

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Old 05-07-2020, 08:23 AM
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If you are signing a separation agreement, you only need to file the agreement with the court, and you only need to do that if the support recipient wants to get their money enforced by FRO.

Generally speaking, the recipient should desire to get their support enforced by FRO, so every agreement should be filed.
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Old 05-07-2020, 09:02 AM
Abba435 Abba435 is offline
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Form 13 is convoluted, often irrelevant and not particularly useful as disclosure.
If you don't need it as noted above don't touch it. You only need if there is a court action.
Take a blank spreadsheet and agree on the marital property and values and divide.
Exchange NOAs for last three years as disclosure of income for SS, CS and S7 ratio if applicable.
Read case law to orient yourself on duration of spousal support.
Find a lawyer that does piece work and will provide DivorceMate output. Otherwise agree to use MySupportCalculator.ca. It is not identical to DM for spousal but pretty darned close and less costly. It is based on the DM algorithms apparently.
Both give you a range of duration for spousal support. Heuristic is length of co-habitation (not marriage) plus or minus depending on circumstances.
Spousal is deductible by the payor and included in income in the hands of the recipient. Make sure your agreement or minutes are clear and current as CRA often demands this to allow deduction.
Agree to revise CS, SS and S7 effective July 1 based on prior year NOA.
Make sure you have up to date Separation Agreement or future Minutes of Settlement to provide to CRA to evidence that timing and any changes to Spousal.
If everyone plays nice, is reasonable and honest you will save a fortune and not drive yourself or kids insane.
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Old 05-09-2020, 08:55 AM
Abba435 Abba435 is offline
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PS
The public form is in fillable pdf
Useless as it does not have any simple formulas
I have a excel workbook that does the sub totals and then copy into the public form
Lawyers use their own software
Why pay $300 an hour for basic bookkeeping ?
PM me with email address Ill send the workbook
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Old 05-11-2020, 09:40 AM
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In my personal experience (my divorce and ex in another province), when being taken to court numerous times in Ontario by ex trying to end SS, I always had to file a financial statement. Court clerks would not let me file an answer or any document without the financial statement, each and every time.
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Old 05-11-2020, 09:51 AM
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Quote:
Originally Posted by arabian View Post
In my personal experience (my divorce and ex in another province), when being taken to court numerous times in Ontario by ex trying to end SS, I always had to file a financial statement. Court clerks would not let me file an answer or any document without the financial statement, each and every time.
For court it is required yes. And many updates.
So using a spreadsheet made that way easier.
If no court Kinso is right you need to fill this in or no ILA.
But you can just arrive at a final version and use that.
Using Form 13 to arrive at the end values for division is not efficient.
The fillable pdf is junk.
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Old 05-11-2020, 10:00 AM
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It has been my experience, dealing with courts from 2 provinces, that the judges prefer their forms. I too had spread sheets but was quickly admonished by court clerks to use the appropriate provincial forms. I recall making several trips to court houses. The Alberta Court did not like the Ontario Court forms and vice versa. Important thing to always remember is "don't piss off the judge" haha.

Of course I am speaking as "self represented"

Last edited by arabian; 05-11-2020 at 10:03 AM.
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Old 05-11-2020, 10:26 AM
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Quote:
Originally Posted by arabian View Post
It has been my experience, dealing with courts from 2 provinces, that the judges prefer their forms. I too had spread sheets but was quickly admonished by court clerks to use the appropriate provincial forms. I recall making several trips to court houses. The Alberta Court did not like the Ontario Court forms and vice versa. Important thing to always remember is "don't piss off the judge" haha.

Of course I am speaking as "self represented"
Not recommending to try to submit anything other than Form 13. It is required for court filings.
I am saying it is easier to do the calculations in excel, then just copy the results into the Form 13 fillable pdf because the pdf has no calculation functionality.
This made updating MUCH easier and avoided errors
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