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Family Court Prior CIS - Support Modification

West Windsor, NJ |

CIS asks for prior CIS(s). Several were filed during a post-judgement litigation that lasted over two years. Does that mean all those CIS should now be included or just the final CIS during that litigation. Should the original CIS from the divorce be included as well? Is my ex spouse required to file their Case Information Statements (there are a few) as well?

Attorney Answers 3

Posted

It's a little unclear from your question if you are before the Court on a post-judgment proceeding and if so, what financial issues are before the Court. If so, you should really consult with an experienced family law attorney before proceeding further. The Case Information Statement is an essential document utilized by the Court wherein the parties set forth their financial situation. Accordingly, in post-judgment proceedings such as alimony modification, the Case Information Statement from the time the alimony was set is very important in demonstrating the financial circumstances that were considered. You may find some more helpful information and guidance at the following link:
http://www.weinbergerlawgroup.com/divorce-legal-separation/post-divorce-issues/alimony-modifications.aspx

The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Asker

Posted

Would like to know which CIS(s) should be included? The original from the date of divorce (2000) and what others? There are CIS from 2008, 2009, and 2010 as well which were post judgement. There are numerous expenses I can not afford anymore and they are basic necessities - shelter, clothing, etc

Bari Zell Weinberger

Bari Zell Weinberger

Posted

Again, it depends upon the issues that are before the Court. As you state you are in financial distress and unable to afford numerous expenses, this is all the more reason that you should consult with an experienced family law attorney.

Posted

At least the one from the time the support obligations were set. That being said, you could make or brake your case depending on the contents of the CIS and the information provided. Consult an attorney immediately to help you. Do not do this yourself.

This office does not represent you. This email does not form any attorney / client relationship. In order to form an attorney client relationship with our office, our office requires both a signed retainer and payment of any initial fee. Further, since we have very limited facts relative to your matter, you should not rely on any of the general advice set forth within our answer. I would strongly recommend that you speak with counsel regarding your issue.

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Asker

Posted

Understood - am wondering why an attorney has left out so much information There is so much I can't afford any longer -

Jason David Roth

Jason David Roth

Posted

Not sure what you mean, but depending on the amount of support or alimony involved, it might cost you more in the future than hiring an attorney today. Good luck.

Asker

Posted

Many items of current expenses (which I can't afford) are not listed on the CIS - they're just left blank.

Posted

New Jersey Court Rule 5:5-2 requires you to file the Case Information Statement. Under this rule, number 2. Paragraph (a); Applicability. Paragraph (a) requires filing and service of a CIS by all parties in all contested plenary family actions involving an issue relating to custody, support, alimony or equitable distribution although the court has the express authority to order a CIS in any other family action. Contested family actions include disputes as to custody and support and property obligations between unmarried cohabitants and unmarried, uncohabiting parents. A CIS is also required by R. 5:7-2 in support of and opposition to pendente lite support application. This paragraph of the rule was amended effective September 2013 to include the cross reference to R. 5:5-3 which was then amended to require the filing of a CIS for all summary support actions involving the support of a spouse, civil union or domestic partner, or request for college or post-secondary school contribution except those involving applications for domestic violence restraining orders. The CIS was also then amended to provide specifically for this change. In other summary support actions, only a simplified financial statement is required. See R. 5:5-3.

R. 5:5-4 - states:

When a motion or cross-motion is brought for the entry or modification of an order or judgment for alimony or child support based on changed circumstances, the pleading filed in support of the motion shall have appended to it a copy of the prior case information statement or statements filed before entry of the order or judgment sought to be modified and a copy of a current case information statement. The pleading filed in opposition to entry of such an order shall have appended to it a copy of all prior case information statements. If the party seeking the alimony or child support relief has demonstrated a prima facie showing of a substantial change of circumstances, then the court will order the other party to file a copy of a current case information statement.

So, yes, the prior Case Information Statements should be filed.

Please mark as "Helpful" or "Best Answer" if our advice helped you. I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. www.burnhamlawgroup.com Disclaimer: You cannot rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation. Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

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