For months, I had been trying to help a particular client.
She was a very nice woman who had been married for a long time to a financially successful man. But when she told her husband that she wanted a divorce, his wallet suddenly became, shall we say, "locked." He cut her off financially.
I wanted to file a motion asking the Court to provide her with temporary financial support. But before I could properly present her financial situation to the Court, I needed something from her. I needed her to complete her Case Information Statement, commonly called a CIS. And she didn't want to do it.
My client was understandably anxious about her financial situation. She wanted me to get into Court quickly and get her some help. At the same time, she was extremely anxious about sitting down and going through all of her financial paperwork with me.
For months, I asked her for the information I needed. Finally, she said: "Why do I have to fill out that damn financial form?"
I understood her frustration. Nobody gets excited about sitting down with bank statements, tax returns, bills, mortgage information and household expenses.
But there was a problem. She wanted me to advocate for her financial needs without giving me the financial information I needed to do it effectively.
Eventually, her husband's refusal to support her put her in a difficult enough financial position that she came into my office and completed her Case Information Statement. Then I could get to work.
Once we had a draft of her CIS, we reviewed it carefully, made the necessary revisions and gathered the supporting financial information. I was then able to submit it as part of her application for temporary financial support.
Her husband vigorously opposed the application.
The Judge reviewed the financial information presented by both sides, including their Case Information Statements, and ultimately entered a substantial temporary alimony and child support award for my client.
She got a very good result. But I had to "pull teeth" to get her to do her part. That's why I'm telling you this story.
The Case Information Statement is a detailed financial document used in New Jersey divorce cases. It provides information concerning your income, expenses, assets, debts and other aspects of your financial circumstances.
Depending upon what happens in your divorce, the information in your CIS may become important during negotiations, mediation, temporary support applications and, if your case doesn't settle, trial. Your CIS may also need to be updated as your case progresses and your financial circumstances change.
This isn't just another form your lawyer gives you because lawyers like paperwork. It can become one of the most important financial documents in your case. I sometimes call it the financial backbone of a divorce case.
Suppose you're asking for temporary alimony because your spouse has stopped supporting you.
How much do you need? What did your family spend during the marriage? What does it cost to maintain your household? What income do you have? What income does your spouse have? What assets and debts exist? Your lawyer needs to understand those numbers before presenting your financial position.
The same is true when you're negotiating a settlement. If we're trying to resolve alimony, child support or equitable distribution, I need to understand the finances of the marriage.
You know your financial life better than I do. I need your help putting that picture together.
Another mistake people make is rushing through their CIS and guessing at the numbers. Don't.
Look at your bank statements. Look at your credit card statements. Review your bills. Think about expenses that don't happen every month, such as vacations, home repairs, medical expenses, children's activities, gifts and other periodic costs.
You don't need to artificially inflate your expenses to make your financial situation look worse. You shouldn't artificially reduce them because you're embarrassed by how much your family spends either. The goal is accuracy.
People have asked me whether they should overstate certain expenses because they think doing so will help them receive more support. My answer is simple: Tell the truth.
Don't overstate your expenses. Don't intentionally understate them. Don't manipulate the numbers because you think they'll make your case look better.
Your Case Information Statement is a court document that you certify as truthful. Treat it accordingly. Your credibility matters.
Sometimes a client has a different problem. They aren't avoiding the CIS because they're procrastinating. They genuinely don't know the answers.
Maybe your spouse handled all of the family's finances. You don't know exactly what's in the investment accounts. You've never seen the business records. You don't know what your spouse's retirement account is worth. You don't even know exactly what your spouse earns.
Don't let that stop you from getting started. Complete the information you can accurately provide and gather the records available to you. Your attorney can then help determine what additional financial information needs to be obtained during the divorce process.
You don't need to know everything on day one. But you do need to participate.
My client wanted me to help her. I wanted to help her. But for months, she wasn't giving me the financial information I needed to properly present her situation.
Once she did, I was in a much better position to advocate for her. That's the lesson.
If you're going through a divorce in New Jersey, be proactive about your Case Information Statement. Gather your records. Work through the numbers carefully. Ask questions when you don't understand something. And most importantly, be accurate.
Don't wait until your financial situation becomes an emergency before dealing with it. Your lawyer can only work with the information you provide.
So if you're staring at your CIS thinking: "Why do I have to fill out this damn financial form?" Now you know. Take it seriously.
If you're preparing for divorce and want to better understand the financial and legal decisions ahead of you, my free Divorce Smarter Course will walk you through the major issues involved in a New Jersey divorce.
Until next time,
Steve