Difference between revisions of "Discovery and Disclosure in Family Law"

If a Provincial Court proceeding involves spousal support or child support, each party must prepare and file a Financial Statement. A Financial Statement sets out a party's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an affidavit, before a lawyer, notary public, or registry clerk.

# the last three years' worth of tax returns (what's required is the complete income tax and benefit return, not tax return summaries or informations),

# all notices of assessment and reassessment received for the last three tax years,

# the party's most recent paystub, showing their earnings to date, or if the party isn't working, then their most recent WCB statement, social assistance statement, or EI statement, and

# business records like financial statements and corporate income tax returns, if the party has a company.

Financial Statements are very important in family law proceedings. The portions about income are critical for determining child support and spousal support, and the expenses portion must be carefully completed.  Since Financial Statements are sworn statements, someone making a Financial Statements can find their credibility being challenged if the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications.