What Happens If I Don’t File My Case Information Statement (CIS)?

Failing to file a Case Information Statement (CIS) in a New Jersey family law case can have serious and far-reaching consequences. Since the CIS is a critical document that provides the court with a detailed overview of your financial situation, not filing it—or filing an incomplete or inaccurate version—can undermine your position and severely affect the outcome of your case.

1. Your Complaint or Defense Could Be Dismissed

• If you are the plaintiff (the party who initiated the case), the court may dismiss your Complaint entirely if you fail to file a CIS.
• If you are the defendant, the court could strike your Answer and bar you from presenting any financial claims or defenses.
• Without a CIS, the court may conclude that you have failed to comply with procedural requirements, leading to dismissal or default judgment.

Example: If you file for alimony or child support but fail to submit a CIS, the court may dismiss your claim outright, leaving you without financial support.

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2. You May Lose the Right to Present Financial Evidence

• The CIS serves as the foundation for presenting financial evidence in court.
• If you fail to file the CIS, the court may prohibit you from introducing any financial evidence, including:
  • Proof of income (e.g., pay stubs, tax returns)
  • Proof of expenses (e.g., bills, invoices)
  • Documentation of assets and debts (e.g., bank statements, loan documents)
• This means you could be left defenseless against financial claims from the opposing party.

Example: If your spouse claims that you have hidden assets or misrepresented your income, and you have not submitted a CIS, you may be barred from presenting evidence to refute those allegations.

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3. The Court Could Enter an Unfavorable Default Judgment

• If you fail to file a CIS and the opposing party submits theirs, the court may rely solely on the other party’s financial information when making decisions about:
  • Child support
  • Alimony
  • Property division
  • Debt allocation
• This could lead to an unfair or one-sided judgment based entirely on the other party’s claims.

Example: If your spouse submits a CIS showing high expenses and low income while you fail to file one, the court may award excessive support payments based on incomplete or inaccurate information.

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4. The Court May Impose Financial Penalties and Sanctions

• The court may view the failure to file a CIS as an attempt to conceal financial information or obstruct the legal process.
• As a result, the judge may impose penalties, including:
  • Monetary fines – The court may order you to pay the other party’s legal fees or issue a direct financial penalty.
  • Sanctions – The court may hold you in contempt, which could lead to additional fines or even jail time in extreme cases.
  • Cost-Shifting – The court may require you to cover the opposing party’s litigation costs if your failure to file the CIS causes delays or increased expenses.

Example: If your spouse is forced to hire forensic accountants to uncover hidden assets because you failed to file a CIS, the court could order you to pay for those expenses.

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5. Reduced Credibility and Damage to Your Case

• Failing to file a CIS can make you appear uncooperative or dishonest in the eyes of the court.
• The judge may assume that you are trying to hide assets, underreport income, or mislead the court.
• This could lead to increased scrutiny of your financial records and assumptions that favor the opposing party.

Example: If the court believes that you are hiding assets or income, it may award a larger share of the marital property to your spouse or increase the amount of alimony or child support you are required to pay.

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6. Missed Opportunity to Protect Your Financial Interests

• The CIS allows you to document and present your financial needs and obligations accurately.
• If you fail to file a CIS, the court will not have the information it needs to:
  • Adjust support payments based on your actual income and expenses
  • Protect your separate property from being included in the marital estate
  • Ensure that debt allocation is fair and reasonable
• This means you could end up with an unfair financial settlement.

Example: If you don’t file a CIS showing that you are solely responsible for certain debts, the court may order you to share those debts with your spouse.

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7. Risk of Losing Future Modification Opportunities

• A properly filed CIS creates a record of your financial situation at the time of the case.
• If you fail to file a CIS, you may lose the ability to seek future modifications of:
  • Child support
  • Alimony
  • Custody-related financial obligations
• Without a CIS on record, the court may conclude that you failed to disclose accurate financial information, making it harder to justify a modification request.

Example: If you lose your job and seek to reduce your alimony payments, the court may deny your request if you never filed an initial CIS establishing your financial baseline.

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📌 How to Avoid These Consequences

To protect your legal and financial interests, you should:
✔️ File your CIS on time – In a divorce case, this typically means filing it within 20 days of filing an Answer or Appearance.
✔️ Be thorough and accurate – Include all sources of income, assets, debts, and expenses.
✔️ Update your CIS when circumstances change – If you get a new job, lose your job, or face unexpected financial expenses, you are required to update your CIS no later than 20 days before the final hearing.
✔️ Seek legal guidance – A family law attorney can help you complete the CIS accurately and ensure that you comply with filing deadlines.

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🚨 Bottom Line

Failing to file a CIS can result in severe consequences, including:

• Dismissal of your case
• Loss of the right to present financial evidence
• Default judgments in favor of the opposing party
• Financial penalties and sanctions
• An unfair division of assets and debts
• Loss of future modification rights

Filing an accurate and complete CIS is essential for protecting your financial interests and ensuring a fair outcome in your case. If you are unsure how to complete your CIS or need help gathering the necessary financial information, consult with an experienced family law attorney immediately.