Navigating divorce proceedings can feel overwhelming, filled with unfamiliar legal terms and processes. Among these, the term CIS frequently arises, often causing confusion. If you’re facing divorce and have heard about a CIS, you’re likely wondering, “What Is A Cis, and why is it important?”
This guide aims to clarify what a CIS, or Case Information Statement, is and its crucial role in divorce cases. Understanding the CIS is essential for anyone going through divorce, as it lays the groundwork for many key decisions in your case.
Defining a CIS: Case Information Statement Explained
CIS stands for Case Information Statement. In family law, particularly during divorce proceedings, it is a mandatory legal document that provides a comprehensive overview of your financial situation. Think of it as a financial snapshot, detailing your income, expenses, assets, and liabilities.
The primary purpose of a CIS is to ensure transparency and provide the court, your attorney, and your spouse’s attorney with a clear and detailed picture of your financial circumstances. This document is fundamental for several critical aspects of divorce, including:
- Determining Support: Whether it’s alimony (spousal support) or child support, the CIS provides the financial basis for the court to make informed decisions about financial support obligations.
- Equitable Distribution: In divorce, marital assets are typically divided equitably between both parties. The CIS outlines all assets and liabilities, which is crucial for fair asset division.
- Legal Fee Considerations: In some cases, one party may request the other to contribute to legal fees. The financial information in the CIS can be relevant in these determinations.
Both parties involved in a divorce are required to complete and exchange CIS documents. In fact, courts generally require a filed CIS before any support orders can be issued. Even after a divorce is finalized, retaining your CIS and your former spouse’s CIS is advisable, as these documents may be needed if future modifications to support are sought.
Key Components of a CIS
The Case Information Statement is detailed and requires you to disclose various aspects of your financial life. Here are the main sections you’ll typically find in a CIS:
- Income: This section requires you to detail all sources of income, both earned and unearned. This includes salary, wages, business income, investment income, rental income, and any other form of revenue you receive. It’s crucial to be accurate and comprehensive in reporting all income sources.
- Expenses: The CIS typically asks for two types of expense information:
- Marital Lifestyle Expenses: These are the expenses that reflect the standard of living established during your marriage. This provides a picture of the family’s financial needs during the marriage.
- Current Expenses: This section outlines your current individual expenses post-separation. This helps the court understand your present financial needs.
- Assets: This part of the CIS requires a complete listing of all assets you and your spouse own, regardless of how they are titled. This includes real estate, bank accounts, investments, retirement funds, personal property, business interests, and any other assets of value. You must list all assets in which you have an interest, even if you are a custodian or trustee.
- Liabilities: This section details all debts and financial obligations, such as mortgages, loans, credit card debt, and any other liabilities. Listing liabilities is as important as listing assets to provide a full financial picture.
Why is the CIS so Important?
The CIS is not just another form to fill out; it’s a cornerstone document in divorce proceedings for several reasons:
- Foundation for Support Decisions: Courts heavily rely on the CIS to determine appropriate alimony and child support amounts. By detailing income and expenses, the CIS provides the necessary data for calculating fair and reasonable support payments.
- Basis for Equitable Distribution: To ensure a fair division of marital property, the court needs a clear understanding of all assets and liabilities. The CIS serves as the primary source of this information, guiding the equitable distribution process.
- Requirement for Court Awards: Many jurisdictions mandate the filing of a CIS before a party can receive any support award from the court. This underscores its importance in the legal process.
- Transparency and Disclosure: The CIS promotes financial transparency in divorce. By requiring both parties to disclose their financial situations fully, it reduces the chances of hidden assets or misrepresented income, leading to fairer outcomes.
- Planning for Future Modifications: If there’s a need to modify support orders in the future due to changes in circumstances, the original CIS documents filed during the divorce are crucial. They provide a baseline for comparison and help the court understand the financial context of the initial divorce settlement.
Tips for Completing Your CIS Accurately
Completing a CIS can seem daunting, but accuracy and thoroughness are paramount. Here are some essential tips to ensure you fill out your CIS correctly:
- Consult with Your Attorney: Before you even begin filling out your CIS, review it with your attorney. They can explain each section, clarify any doubts, and provide guidance on how to present your financial information most effectively. After completing it, review it again with your attorney to ensure accuracy and completeness.
- Be Thorough and Honest: Disclose all required information completely and honestly. Accuracy is critical, and any misrepresentation can have serious legal consequences.
- Gather Financial Documents: Collect all necessary financial documents, such as pay stubs, bank statements, tax returns, investment account statements, loan documents, and credit card statements. These documents will be essential for accurately completing your CIS. If you are unsure about expenses, especially if your spouse managed finances during the marriage, review bank and credit card statements to estimate marital lifestyle expenses. Contact creditors if needed to obtain detailed expense information.
- Document Your Expenses: If you’re unsure about your expenses, especially if your spouse handled the finances during the marriage, meticulously review bank statements, credit card statements, and other financial records to determine your spending habits. If necessary, contact creditors to obtain detailed expense information.
- Disclose All Income: Be sure to disclose all sources of income, including any unreported income. Transparency is crucial, and failing to disclose income can have severe legal repercussions. Discuss any concerns about unreported income with your attorney to ensure you proceed correctly and legally.
- Update as Needed: Your financial situation may change during divorce proceedings. The CIS is not a static document. It can and should be updated or amended as your circumstances evolve to ensure the court has the most current and accurate financial picture.
Conclusion
The Case Information Statement (CIS) is a vital document in divorce proceedings. It is more than just paperwork; it’s the financial roadmap that guides critical decisions about support and asset division. Understanding what a CIS is, its components, and its importance is crucial for anyone navigating divorce.
Take the time to complete your CIS accurately and honestly, and always work closely with your attorney throughout this process. A well-prepared CIS can significantly contribute to a smoother, fairer, and more equitable divorce outcome.
