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Proving Need and Ability to Pay in NJ isn’t about saying “trust me”—it’s about showing your numbers in a way a New Jersey Family Part judge can rely on. That’s why the Case Information Statement (CIS) matters so much. It’s the sworn, standardized snapshot of your budget, income, assets, and debts that the court will use to evaluate alimony, child support, and many other money issues. The Judiciary publishes the official CIS and instructions, and Rule 5:5‑2 makes clear when it must be filed. If you get CIS‑ready early, you’ll save time, reduce stress, and negotiate from a position of credibility.

Below is the same playbook we use with clients on a regular basis—what “need” really means, how “ability to pay” is measured, which documents judges expect, and how to turn a messy shoebox into a clean, court‑ready file.

Why “need” and “ability to pay” drive outcomes in New Jersey

When a New Jersey court decides alimony, it must weigh a set of statutory factors. The very first factor is “the actual need and ability to pay.” The law also tells judges to look at three cash‑flow realities that people often overlook:

1. whether any equitable‑distribution buyouts will be paid from someone’s current paycheck,
2. the income available from assets each person will keep, and
3. the tax treatment of support.

There’s one more bright‑line rule: if a share of a retirement benefit is treated as property in equitable distribution, the income from that same share cannot be counted again to increase alimony later (no “double dipping”). All of this is spelled out in N.J.S.A. 2A:34‑23.

For child support, New Jersey uses the Child Support Guidelines (Appendix IX‑A/IX‑B). Those worksheets run on verified income and certain documented expenses, and—before a support hearing—the court expects a CIS or Financial Statement on file.

Proving need –  what goes in your monthly budget

“Need” is not about living large; it’s about a reasonable, supportable budget for housing, utilities, food, transportation, insurance, medical costs, childcare, and the day‑to‑day expenses of your household. The CIS organizes these categories and asks for a monthly number for each. Because you sign it under oath, accuracy matters more than ambition.

A good rule of thumb is to build your budget from source documents, not memory. Start with the most recent three months of bank and credit‑card statements and list what you actually spend in each category. If your numbers fluctuate seasonally (think heating oil or summer day camp), put a yearly total in a simple spreadsheet and divide by 12 so your CIS reflects a realistic monthly average.

Two quick notes we stress with every client:

• Separate “now” from “then.” If you’ve already separated, your current budget may look different from your former “marital lifestyle.” The CIS lets you explain unusual items and timing issues so the judge understands why numbers changed.
• Attach proof where it helps. Rent ledger, mortgage statement, childcare invoices, health‑insurance premium pages, and treatment plans can clarify line items that might otherwise raise questions. The CIS form and instructions anticipate supporting attachments.

Proving ability to pay: income, assets, and cash flow

“Ability to pay” is bigger than just a W‑2. New Jersey’s statute tells courts to look at actual earnings, any income your assets can produce, whether equitable‑distribution payouts will come out of current income, and the tax consequences of support. Put differently: your paycheck, your portfolio, and your payment obligations all matter—and they interact.

Here’s how we document each piece:

W‑2 employment

Bring your last two federal tax returns, this year’s W‑2s/1099s (as applicable), and the last 4–8 weeks of pay stubs. If you can’t find a return, you can request IRS transcripts online or by mail, free of charge. The IRS explains both options (including the 800‑908‑9946 phone line) on its site.

Self‑employed or business owner

We’ll want two years of business returns, year‑to‑date profit & loss and balance sheet, plus three months of business bank statements. Courts look past the labels and focus on cash flow. If the business pays personal expenses (auto, phone, meals), be ready to show what’s truly business versus personal—that credibility pays off.

Other income sources

If you receive Social Security, download your SSA‑1099 from your my Social Security account; if you received unemployment, grab the 1099‑G from the state. These official tax forms make it easy to verify totals.

Asset‑generated income

The statute specifically directs courts to consider “the income available…through investment of any assets.” That includes interest, dividends, rental income, and (in some cases) option/RSU proceeds. If your settlement proposal gives you income‑producing assets, expect that to influence the support math.

Retirement and the “no double‑dip” rule

If a retirement plan is split as property, the income from the same share cannot later be used to raise alimony. Judges follow that rule to keep results fair. If retirement isn’t divided as property, income from retirement can be part of the ability‑to‑pay analysis—so clarity in your agreement is crucial.

CIS‑ready documents: what to gather first (and where to get replacements)

The CIS and its Appendix V instructions outline what belongs in your packet. Don’t stress if you can’t find everything on day one—here’s where to get replacements quickly:

• Tax returns and W‑2s/1099s: request IRS transcripts online (immediate) or by mail/phone (5–10 days).
• SSA‑1099: download a replacement in your my Social Security account.
• Bank/credit statements: most banks let you export 12–24 months as CSV/PDF—use the export so totals add up.
• Proof of health‑insurance premiums: employer benefit portal or insurer’s “proof of coverage” letter.
• Childcare/medical/school costs: invoices, receipts, explanation‑of‑benefits (EOBs), school portal pages.

Tip: If you suspect unknown debt or identity‑theft issues, pull your free credit reports from the only authorized site, AnnualCreditReport.com, or follow the FTC’s instructions—weekly online reports are available. Regularly checking for errors saves discovery time later.

Building a CIS‑ready budget (step‑by‑step, with shortcuts)

Step 1: Map your categories to the CIS.

Open the CIS and list each expense line you’ll complete—housing, utilities, transportation, medical, childcare, personal, debt service, and so on. You’ll be entering monthly numbers, so keep everything on a monthly basis.

Step 2: Use statements—not guesses.

Download three months of bank and card statements. For each category, total the spend, annualize it if seasonal, then divide by 12. If your child has braces or therapy that bills irregularly, compute an annual figure and convert it to a monthly average.

Step 3: Label unusual items.

The CIS has space for explanations. Use it. Explain items that temporarily spike a category (e.g., a one‑time plumbing fix) so they’re not mistaken as recurring.

Step 4: Keep a “now vs. separation” note.

If you left the marital home, your rent and utilities may be new. Make a short note so the judge sees the current numbers in context. The CIS instructions anticipate clarifying notes when needed.

Step 5: Round calmly and be consistent.

Round to the nearest dollar. Don’t round up every line; small, honest swings build credibility.

Step 6: Attach what helps—don’t drown the court.

One or two proof pages per major category are plenty: the rent ledger, the insurance premium page, the childcare invoice. The point is verifiability, not volume.

CIS‑ready income (how to show it clearly)

• Employees: last 4–8 pay stubs + W‑2s + tax returns. Note pre‑tax deductions (health, HSA, retirement) so gross‑to‑net makes sense.
• Hourly + overtime/shift differentials: show year‑to‑date totals, not a cherry‑picked stub. If overtime varies, include a simple two‑year average.
• Commission/bonus: present a multi‑year average with a short explanation. Spreadsheets help the judge see the pattern without extra testimony.
• Self‑employed: P&L and balance sheet year‑to‑date, last two business returns, and a brief note explaining large “business” expenses that look personal (auto, phone, meals).
• Other income: unemployment (1099‑G), disability, Social Security, rent, dividends/interest. If it’s taxable, there’s usually a form for it—attach it.

When child support is at issue, your verified numbers flow straight into the Guidelines worksheets (Appendix IX‑A/IX‑B). That’s why courts insist on CIS or Financial Statement before a support hearing—so the math is grounded in documentation.

Digital workflow that keeps you organized (and calm)

• One folder, six subfolders: Income, Expenses, Assets, Debts, Insurance, Kids. Drop PDFs there as you find them.
• File‑name recipe: 2025-07-31_Paystub_Acme_John.pdf or 2025-Q2_Bank_ABC_Checking_1234.pdf. Judges never see file names—but you will find documents faster.
• Master index: a one‑page table listing each CIS line and the document that proves it. If a mediator or judge asks, you can pull the proof in seconds.
• Keep a “missing” list: when a document is pending (like a transcript), note the expected arrival (IRS says 5–10 days by mail). Then update your CIS packet.

Filing and updating: JEDS, deadlines, and good habits

In many family matters, you can upload documents through the Judiciary Electronic Document Submission (JEDS) system—24/7—instead of printing stacks of paper. The NJ Courts website explains what JEDS is and when you can use it. If your case is already in a track that uses eCourts, your attorney will file through that system instead.

Rule 5:5‑2 governs when a CIS is required and reminds everyone that it must be filed and served with all attachments. The current CIS itself prints this notice on page one. If your finances change, file an updated CIS so the court, mediator, and the other side are working from the same, current numbers.

Common pain points—and how we fix them fast

“My budget is a guess.”

We rebuild it from statements. Three months is enough to create a clean, supportable set of numbers.

“My spouse says I’m underreporting income.”

We present YTD pay, prior‑year W‑2s/returns, and—if needed—multi‑year averages for bonuses or overtime. For self‑employment, we separate business and personal expenses clearly.

“I lost last year’s return.”

We request IRS transcripts online or by mail/phone. It’s free and fast.

“I can’t find proof of Social Security benefits.”

We download the SSA‑1099 from your online account (or order by phone).

“I think there’s a credit card I never opened.”

We pull free credit reports from the only authorized site, AnnualCreditReport.com, per the FTC. If there’s a problem, we follow the dispute steps.

“Our case needs a quick hearing and I can’t take off work to file.”

We use JEDS (when permitted in your case type) to submit after hours.

How judges actually use your CIS in alimony and support decisions

Think of the CIS as the dashboard for your case. The judge looks at your budget to understand need, your income documents to understand ability, and your asset/debt schedules to evaluate equitable distribution and any income your assets can produce. If a buyout will be paid from your paycheck, the court can factor that cash‑flow strain into alimony. And if part of a retirement plan is divided as property, the court may not count the income from that same share again for alimony. This is all baked into the alimony statute.

For child support, the court (or mediator) plugs verified figures into the Guidelines. Appendix IX‑A explains the principles; Appendix IX‑B covers how to complete the worksheets and confirms that a CIS or Financial Statement should be in the file before a support hearing.

A simple example (how it all ties together)

You keep the home and agree to a buyout payable monthly over three years. You also receive a balanced mix of assets—some liquid investments that generate dividends. Your CIS shows a realistic monthly budget. Your pay stubs and W‑2s verify your earnings, and your brokerage statements show asset income. In alimony negotiations, two things may happen at once:

1. Because part of your paycheck is now committed to the buyout, the court can take that into account when assessing ability to pay.
2. Because you will earn investment income from assets you keep, the court can consider that as part of your ability (if you’re the recipient) or as reducing your need, depending on who holds which assets.

If a 401(k) was split as property, the income from your share of that 401(k) cannot be counted again to raise alimony later. That’s the “no double‑dip” rule in the statute.

Make your CIS impossible to ignore (in a good way)

• Consistency wins. If your mortgage statement shows $3,142, don’t round to $3,600 in the CIS. Little mismatches create big credibility problems.
• Explain the story briefly. If you left work to care for a child or started therapy that adds out‑of‑pocket costs, add two clean sentences in the CIS notes and attach one proof page.
• Update as life changes. New job? Overtime dried up? Daycare ended? Update your CIS and send it through JEDS or file it with the court as your case allows. Judges appreciate current numbers.

Final thoughts

If you remember nothing else from this guide, remember this: numbers win.

New Jersey judges decide support by looking at need and ability to pay, and they expect those concepts to be proven with a CIS, reliable documents, and a budget that reflects real life. The alimony statute requires courts to consider asset income, buyouts paid from current income, tax effects, and it bars double counting retirement income when that benefit was already divided as property. The Child Support Guidelines demand the same discipline with verified income and standardized worksheets. When your file is CIS‑ready, you spend less time arguing and more time solving.

Want help building your CIS and proving your case? Sammarro & Zalarick will organize your documents, pressure‑test your budget, and present a clean, credible financial picture the court can rely on. Contact us for a confidential consultation and leave with a step‑by‑step plan—and a CIS you can stand behind.

Legal note: This article is general information, not legal advice. Laws and procedures change, and every case is different. For advice about your situation, speak with an attorney.