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Tayken · #1 03-13-2014, 12:31 AM

Hi Everyone,

The issue of income disclosures comes up quite often. Questions about how do I get the other party to disclose etc...?

If your matter is before the court then Rule 20 of the Family Law Rules applies and you can request financial disclosure in accordance with Rule 13.

Rule 13.(6) of the Family Law Rules reads:

Quote:

FULL DISCLOSURE IN FINANCIAL STATEMENT

(6) A party who serves and files a financial statement shall,

(a) make full and frank disclosure of the party’s financial situation;

(b) attach any documents to prove the party’s income that the financial statement requires;

(c) follow the instructions set out in the form; and

(d) fully complete all portions of the statement. O. Reg. 114/99, r. 13 (6).

Include this statement in the covering letter you send to the other party/their lawyer:

Enclosed herein please find Form 20: Request for Information served upon you in accodrance with the Family Law Rules.

Here is my list of disclosure requests (generic) that I could think of:

Note: Make sure you identify if you are requesting the disclosure from the Applicant or the Respondent. e.g. If you are the "Respondent" then you would want to select "Applicant" and remove "respondent" as you already have your own financial information silly...

Disclosure of the other party's employment contracts:

x. A copy of the Applicant/Respondent's signed and dated employment contract from his/her employer "Name of Employer" clearly stating his/her salary, position, bonus and other benefits.

Disclosure of the other party's reason for leaving a job or being terminated:

x. A copy of the Applicant/Respondent's signed and dated resignation letter or signed and dated termination letter from his/her employer "Name of Employer".

Generic request for 3 years tax returns:

x. A copy of every personal income tax return, with all schedules, attachments and information slips, filed by the Applicant/Respondent for the 3 most recent taxation years.

(For people who think they can be sneaky and not file income taxes and ignore disclosure here is the clause that calls them out and is in accordance with the disclosure rules of the FCSG.)

x. A copy of all income slips (T4s, T4As, T5s, etc.) received for any of the of the three most recent taxation years for which a tax return has not been filed by the Applicant/Respondent.

x. A copy of the most recent pay stub or statement with year-to-date income for the Applicant/Respondent's current employer.

x. A copy of all benefit information circulars or benefit booklets outlining all employee benefits for health care, dental care, prescriptions and life insurance from the Application/Respondent's current employer. If no circular or booklet is available, a detailed statement from the Applicant/Respondent's employer or the group plan Insurer outlining these benefits.

(For those dealing with self employed people with businesses.)

x. Year-end financial statements for all businesses, including income and expense statements and list of assets, liabilities and debts for the Applicant/Respondent's company(ies) "Company Name", "Company Name 2", ... and "Company Name N" for the years XXXX, XXXX and XXXX.

x. The most recent monthly or quarterly income and expense statement for the Applicant/Respondent's company(ies) "Company Name", "Company Name 2", ... and "Company Name N".

x. A statement showing a breakdown of all salaries, wages, management fees or other payments or benefit paid to, or on behalf of, the party and persons or corporations with whom the party and persons or corporations with home the Application/Respondent does not deal at arm's length for the Applicant/Respondent's company(ies) "Company Name", "Company Name 2", ... and "Company Name N" .

x. A copy of any application made by or for the business(es) "Company Name", "Company Name 2", ... and "Company Name N" for a loan, line of credit, credit card or mortgage, including any statement of income or net worth provided by or for the(these) business(es).

x. Confirmation of the Applicant/Respondent's income and draw from, and capital in, "Company Name", "Company Name 2", ... and "Company Name N" for the current year.

When someone claims that their parents/family loaned them money:

x. A copy of any promissory note signed for any loan provided by Family Member A, Family Member B, ... Family Member Z to the Application/Respondent.

Daycare receipts (which is often asked):

x. A signed and dated copy of the contract signed with "Name of Daycare" / "Person A" confirming their (or) his/her costs (or) wages and benefits, if any.

x. All receipts provided by "Name of Daycare" / "Person A" for all services rendered, if any.

Final ones you should generally always include:

x. Most recent statements of accounts or interest with any financial institute in the Applicant/Respondent's name.

x. Supporting documentation for any debts existing both on the date of separation and the present date.

If anyone has any to add that I missed please add them to this thread. We get a lot of generic questions about income disclosure and hopefully this provides some insight for others on how to make proper income disclosure requests... and saves people some time (and money) when dealing with their lawyer.

Remember: Always consult a lawyer for proper legal advice.

Good Luck!
Tayken

nogoingback · #2 10-17-2014, 02:35 PM

This should be pinned (sticky thread?) to the top of the discussion board. Can a moderator do this please?

LovingFather32 · #3 10-18-2014, 09:46 AM

Incredibly helpful. My ex's lawyer simply told me I was self-repping and didn't know what I was doing, describing a form 20 as "only or child protection concerns".

I believe this to be a useful form that doesn't get much play.

nogoingback · #4 11-29-2014, 09:12 AM

This is very similar, with some additional useful tidbits. http://yorklaw.ca/dat/files/90.pdf

LawHelp · #5 04-22-2015, 09:16 PM

WOW! this is just what I was looking for. I am so glad I joined this forum. First time here

Quick question, I am sending this to my ex for his self employed business disclosure ( financial disclosure). Does it have to be served to him? he has a lawyer , so can I just email him the Form 20?

Busch · #6 05-30-2015, 10:48 AM

Good Day,

I must say Thank You to you Takyen!!! Your words of wisdom are wonderful to those of us who look for guidance and direction within this forum. I know that you state you are not part of the legal family, but your words are full of information and very eloquent. I take your words, apply them and then ensure that I have things checked over by a legal advisor.
With this post I have a question....all the requests that you have mentioned above, are they to be on the actual Form 20? Or should they be in the cover letter that you mentioned? Should I quote the appropriate Family Laws as well?
Thank you in advance for your response.

LawHelp · #7 05-30-2015, 10:59 AM

Yes a agree with you on this one. This forum has really helped me. I served the form 20 on my ex lawyer and he has provided very partial and incomplete information. What do I do next? He has given tax returns but not t4 or any other materials filed. He gave his offer of employment that is unsigned. The offer talks about benefits that are in a booklet , he hasn't provided that. For self rep he shows expenses but no explanation.

I have very little disclosure from him. What can I do now if the form 20 is not fully followed by the other party?

I have case conference coming up in front of a Dispute resolution officer soon. I don't know what that means. What do I prepare for the CC in front of a DRO? Is it the same case conference form?

Headwaters1 · #8 06-05-2015, 08:23 PM

I believe you can file a motion to address this issue. What happened at the cc?

Tayken · #9 06-08-2015, 02:20 PM

Per the new Rules in Ontario all of the above is now required in accordance with Rule 13 of the Family Law Rules.

Headwaters1 · #10 06-30-2015, 08:35 AM

I just used it and worked like a charm. I was not receiving anything back in response from the other side for 6 months so I filled out a Form 20 and gave them 20 days.

On the 20th day I received a response. They skirted a few key questions but a response none the less. Now they have to face the music at settlement conference as to why they haven't disclosed.

Thanks Tayken.

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