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.