In a Decision – J.S. v. K.S ., (an Unpublished Opinion) >> the Court Held:
The Appellate Division affirmed the Family Part decision that basically limited the Spouse’s proof because the Spouse did not provide a Case Information Statement and effectively – and improperly – read into the record her own statement of expenses.
The judge did allow plaintiff to testify about tax returns, who paid household expenses, home improvements, vacations and her hearing loss and surgeries that prevented her from working. The trial judge found that plaintiff lacked credibility, was voluntarily underemployed and imputed her last earned annual income to her.
A witness is permitted to use a document to refresh his or her memory while testifying; however, it is improper to simply read a document used for recollection into testimony.