Why Do I Have to Give My Payroll Stubs to My Divorce Attorney?

By Beverly Bird

Divorces revolve around two important issues: your children and your finances. Your pay stubs can affect both. Judges and attorneys won’t take your word for it regarding how much you earn. They’ll want proof to ensure that your children receive an appropriate amount of child support, and to calculate spousal support, if applicable. Your pay stubs provide irrefutable confirmation that your income is what you say it is.

Informing Your Attorney

Your attorney must be in a position to protect your interests. He can do this only if he has a full understanding of how much you earn. By reviewing your pay stubs on a regular basis, he can get a handle on the frequency of overtime you might receive and mandatory deductions from your paycheck in addition to taxes. He can use this knowledge, and the proof of your stubs, if your spouse’s attorney tries to use a higher income than you legitimately earn when calculating either alimony or child support. Your attorney will probably ask you to supply your pay stubs on a regular basis as your case progresses, so he’s aware immediately of any changes you might not think are important enough to mention.

Financial Statements

Every state requires that you file a financial statement with the court early on in your divorce proceedings. The exact format varies somewhat from state to state, but always includes a recitation of your income, budget, assets and liabilities. If your case goes to trial, a judge will refer to your statement and that of your spouse when determining issues of property distribution, spousal support and child support. Most states require that you attach copies of your pay stubs, as well as income tax returns, to your statement to substantiate the information you’ve entered.

Divorce is never easy, but we can help. Learn More

Discovery

In a contested divorce, both your lawyer and your spouse’s lawyer will spend several months exchanging financial information in a process called discovery. This helps them to potentially negotiate a settlement for you and save you the cost of an expensive trial. If your case does go to trial, they'll provide this documentation to the judge. If you don’t supply your pay stubs willingly, your spouse’s attorney can legally subpoena them directly from your employer.

Calculating Child Support

Courts calculate child support based on both parents’ incomes, usually after taxes and other mandatory deductions. If you’re the custodial parent, the lower your income is, the more child support you will generally receive. If you are the non-custodial parent, the higher your income is, the more child support you will pay. Your pay stubs ensure that the court gets your income right. If you don't provide pay stubs, the court will impute income to you. This means the judge will calculate child support on what he thinks you should earn for the work you do.

Divorce is never easy, but we can help. Learn More
Income Discovery in Family Law Cases

References

Related articles

Divorce & a Spouse's Cash Income

If your spouse earns some of his income through cash sources -- for example, if his business deals mostly in cash or his employer pays him in cash -- you may find yourself trying to prove his cash income to the court during your divorce action if he reports less income than you know he actually makes. Though this can be difficult, there are ways to make sure the court is aware of his unreported income.

How to Refute Alimony

Alimony consists of payments that a supporting spouse makes to a dependent spouse in order to maintain the standard of living to which she became accustomed during the couple's marriage. Although the law on alimony varies from state to state, these orders can take up a significant amount of your income and can, in some cases, last for the rest of your life. If you can't afford an attorney to defend you against an alimony claim, make sure you're fully prepared before going to court alone.

How to File an Answer to a Divorce Summons

When you receive a Summons and Complaint in a divorce action, you typically have 20 days in which to respond. Your response to the Summons is known as an Answer. If you have hired an attorney to represent you, she can prepare and file the Answer with information that you provide her. You can file the Answer on your own if you are not being represented by a lawyer in your divorce. Specific rules may vary by state, and the process can differ somewhat if you and your spouse have minor children.

Get Divorced Online

Related articles

How to Get Approved for the Affidavit of Poverty & Divorce

American courts won’t force you to remain married if you don’t want to, even if you can’t afford your state’s filing ...

What Will an Opposing Attorney Ask in a Child Support Hearing?

In most states, child support hearings are initially held before a magistrate, administrative law judge or other court ...

How To Prove Assets & Income in a Divorce

It’s surprisingly common for spouses to hide assets or income during a divorce. If someone has less income, this ...

Examples of Vocational Evaluations for Divorce

Fact-finding -- also called discovery -- is a major part of divorce proceedings, but you have to do it in such a way ...

Browse by category
Ready to Begin? GET STARTED