During a divorce proceeding in Dallas, Texas, at the time of filing for divorce or anytime during the pendency of a divorce action, a party can request a Temporary Orders Hearing. The purpose of the Temporary Orders Hearing is for the Court to make financial orders regarding child support, payment of debts, and possible temporary spousal support.

Depending on your employment, there are financial documents that are necessary to show the Court at the time of the Temporary Orders Hearing so that the Judge has the necessary financial information before he or she makes financial orders that will last during the pendency of a divorce action. If you are an employee, there are a number of documents that evidence your earnings. You should provide your lawyer with at least your three most recent pay stubs, your prior year’s tax return or at a minimum your W-2 from the prior tax year. If your income has decreased from the prior year, your prior year’s W-2 is extremely necessary in comparison to your most recent pay stubs so that you may prove to the Court your decrease in pay. If you are entitled to any type of bonus, written documentation from your employer evidencing when and how the bonus is paid is imperative. Most pay stubs state how much has been paid that year in bonuses as of the date of the pay stub.

If you own your own business or are an independent contractor, there are different financial documents that are necessary to provide to your lawyer. The prior year’s tax return is imperative as it will not only show your income but also any deductions or adjustments made due to your type of employment. Any 1099 you receive needs to be given to your attorney. Also, if you receive a set amount per month or what some refer to as a “draw,” any documents evidencing this “draw” needs to be provided to your attorney as well.

Finally, if children are involved you need to provide written documentation as to the cost the family’s health insurance as well as documentation as to the cost of only the children’s monthly health insurance amount. This information is considered when calculating a person’s child support obligation. Failure to provide these necessary documents can have a negative impact on you during the pendency of the divorce that may be much more far reaching than you realize.

 

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW for multiple years. She was named one of the Best Lawyers in America and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.