I have no idea what my spouse earns, how do I get this information?

If your case involves finances, whether you are dividing your assets and debts or are calculating child support, you will need some information about the finances of your spouse or your ex-spouse. If you are married and have filed for a divorce, you and your spouse will be required to complete a form regarding your finances. This form is called a Case Information Statement or CIS. You can find this form on the New Jersey Courts forms website.

Once completed, you and your spouse will be required to file your CIS with the Court and send a copy to one another. The Court Rules require that you each attach at least your last three (3) paystubs, your most recent income tax returns, and other supporting documentation. This will provide basic information regarding your spouse’s income, assets, and liabilities. As your divorce progresses, you are able to seek additional information through the discovery process. You are also able to directly request documentation regarding your spouse’s employment, assets, or debts, by sending a subpoena to the employer or account holder.

However, if you have already been divorced, and are seeking information from your ex-spouse, your ex-spouse is not required to provide you with documentation until and unless the Court orders them to do so. Similarly, you are not able to send subpoenas seeking information regarding your ex-spouse, until the Court gives you permission to do so.

Similarly, if you are seeking information regarding a parent of your child after you have filed a Complaint for child support, you each will be required to exchange financial information. In this case, you and the other parent will be required to complete a form called a Financial Statement for Summary Support Actions. This form, too, can be found on the New Jersey Courts forms website. Like the CIS, this form requires that you each disclose your incomes, including providing your recent paystubs and tax documentation. Once completed, you each will be required to file your form with the Court and send a copy to the other parent. This will give you basic information regarding their income.

Often your case may rely upon having up to date financial information of your spouse, ex-spouse, or the other parent of your child. The process to obtain this vital information may be confusing. Unfortunately, if you do not have this information, you may not be awarded appropriate support or an interest in a marital asset. We can help. Please contact our firm today to schedule a consultation to find out how we can help you gather the necessary information to present your claim to the Court.

Previous
Previous

Prenuptial Agreements Overview

Next
Next

Warts and All: The Importance of Full Transparency with Your Lawyer