To respond to your partner’s claims, or what they’re asking for, you have to fill out Form 10: Answer. The form should be in the documents your partner served. If it isn’t, you can find it and any other family law court form, from the courthouse or online.
All forms are available in French and English.
In Form 10: Answer, you tell the court:
- which of your partner’s orders you agree with, if any, and which ones you don’t agree with
- any other orders you would like the court to make, with facts and reasons for each order you’re asking for
For example, you may agree to your partner’s custody and access plans, but disagree with the amount of child support they’re asking for. And, you may want to ask for spousal support. Or, if your partner has asked the court for sole custody, you can tell the court why you don’t agree with that and why you would like joint custody.
The other forms you need to fill depend on what you, or your partner, are asking for.
<p>If your partner is asking for, or if you want to ask for, [glossary:3266]child support[/glossary], [glossary:3237]spousal support[/glossary], or to [glossary:3218]divide property[/glossary], you must also fill out a [glossary:3251]financial statement[/glossary]. <a href="http://www.ontario.ca/laws/regulation/990114" target="_blank">Rule 13: Financial Disclosure</a> tells you what kind of financial information and other documents you have to give.</p>
<p>But, if the amount of child support you’re asking for matches the amount you would get according to the [glossary:3211]Child Support Guidelines[/glossary] and <a href="http://www.justice.gc.ca/eng/fl-df/child-enfant/fcsg-lfpae/2017/pdf/ona.... target="_blank">child support tables</a>, you don’t have to fill out a financial statement. This amount is known as the “table amount”.</p>
The Government of Canada’s <a href="http://www.justice.gc.ca/eng/fl-df/child-enfant/fcsg-lfpae/2011/pdf/ona.... target="_blank">child support tables</a> show basic monthly amounts of child support. Child support is based on:
<p>1. the gross income of the parent paying support, which means income before taxes are paid, and</p>
<p>2. the number of children that need support.</p>
<p>There is a separate table for each province and territory.</p>
<p>There are 2 financial statement forms. Fill out the one that applies to your situation.</p>
<p>1. <a href="http://www.ontariocourtforms.on.ca/forms/family/13/FLR-13-Jan15.pdf" target="_blank">Form 13: Financial Statement (Support Claims)</a>: Use this form if you or your partner are asking only for child support, spousal support, or both child support and spousal support. Don’t use it if you need to divide property and debts.</p>
<p>2. <a href="http://www.ontariocourtforms.on.ca/forms/family/13.1/FLR-13-1-Feb10.pdf" target="_blank">Form 13.1: Financial Statement (Property and Support Claims)</a>: Use this form if you, or your partner, are asking to divide property and debts. You and your partner may also be asking for support.</p>
<p>You also have to fill out <a href="http://www.ontariocourtforms.on.ca/forms/family/13a/FLR-13A-EN-aug15-fil... target="_blank">Form 13A: Certificate of Financial Disclosure</a>. In it, you list all the documents that support the information you gave in your financial statement. You have to give copies of these documents. This form must be filed with the court either before or with your case conference materials.</p>
<p>This can include copies of your pay stubs, recent tax returns, and notices of assessment. If you don’t have a copy of your notices of assessment, you can get a copy of your income and deductions statement from Canada Revenue Agency by calling 1-800-959-8281.</p>
<p>If you, or your partner, are asking for more child support than the table amount that applies to you, you need to give proof of your additional expenses. This can include receipts for [glossary:3267]special and extraordinary expenses[/glossary] such as daycare or extracurricular activities like sports or music lessons.</p>
<p>If you, or your partner, are asking for child support or spousal support, you also need to fill out a:</p>
<a href="http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/...$File/FRO-019.pdf" target="_blank">Support Deduction Order</a></li>
<a href="http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/...$File/FRO-021E.pdf" target="_blank">Support Deduction Order Information Form</a></li>
<p>If there is an order for support, these forms are forwarded to the <a href="http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/" target="_blank">Family Responsibility Office (FRO)</a>.</p>
<p><a href="http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/" target="_blank">The FRO</a> is a government agency that collects support payments from the person who has to pay them, sends the payments to the person who has to get it, and makes sure child support and spousal support payments are made.</p>
<p>If your partner misses payments, the FRO can take action to enforce the order or agreement. For example, if your partner doesn’t pay support, the FRO can order their employer to deduct money from their wages, suspend their driver's licences, or start a court case that can result in jail time.</p>
<p>If you, or your partner, are asking for [glossary:3216]custody[/glossary] or [glossary:3205]access[/glossary] to your children, you need to fill out <a href="http://www.ontariocourtforms.on.ca/forms/family/35.1/FLR-35-1-Nov09-EN.pdf" target="_blank">Form 35.1: Affidavit in Support of a Claim for Custody or Access</a>.</p>
<p>This form asks you some personal questions about your family situation before you separated. For example, you have to answer questions about family violence, whether a [glossary:3212]Children’s Aid Society[/glossary] is or was involved with you family, and who looks after your children most of the time.</p>
<p>You also have to give some information about what your [glossary:3233]parenting plans[/glossary] will be now that you and your partner have separated. For example, who will take care of the children while you’re at work or school, where they will go to school, and if anyone else is living with you.</p>