Family Court Prior CIS - Support Modification

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?

West Windsor, NJ -

Attorney Answers (3)

Jason David Roth

Jason David Roth

Family Law Attorney - Oradell, NJ
Answered

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.

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Philip Smith Burnham II

Philip Smith Burnham II

Family Law Attorney - Marlton, NJ
Answered

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.

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Bari Zell Weinberger

Bari Zell Weinberger

Family Law Attorney - Parsippany, NJ
Answered

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...

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