The Motion for Temporary Orders form in Idaho serves as a crucial legal document for individuals seeking immediate relief in family law matters. This form allows parties to request temporary arrangements regarding child custody, support, and other essential issues while a case is ongoing. Understanding how to properly complete and file this form is vital for ensuring that one's rights and interests are protected during the legal process.
The Motion for Temporary Orders form in Idaho is a crucial document for individuals navigating family law matters, particularly during divorce or custody proceedings. This form allows a party—either the petitioner or the respondent—to request temporary orders from the court regarding issues such as child custody, visitation, and financial support while the case is ongoing. It requires detailed personal information, including names, addresses, and contact details, as well as specifics about the parties’ financial situations. The form also includes an affidavit section where the party must provide comprehensive answers about their income, employment, and living arrangements. Additionally, it asks for information related to children involved in the case, including their living arrangements and any previous custody proceedings. Completing this form accurately is essential, as it can significantly impact the court's decisions. The instructions emphasize the importance of clarity and thoroughness, urging parties to answer every question and provide supporting documentation, such as pay stubs and tax forms. By understanding the requirements and implications of this form, individuals can better advocate for their interests and those of their children during a challenging time.
Filling out the Motion for Temporary Orders form in Idaho requires careful attention to detail. After completing the form, you will need to file it with the court and serve copies to the other party involved in the case. This process is crucial for ensuring that your requests are formally recognized and considered by the court.
A Motion for Temporary Orders is a request made to the court for immediate relief while a case is ongoing. This can include issues like child custody, child support, or spousal support. It helps to establish temporary arrangements until a final decision is made.
Either party involved in a family law case can file a Motion for Temporary Orders. This includes the petitioner (the person who starts the case) and the respondent (the person who responds to the case).
You must provide detailed information about your income, expenses, and any relevant circumstances regarding your children. This includes:
Fill out the affidavit completely using black ink. If you run out of space, attach additional sheets. Ensure that every question is answered, even if that means stating "NA" for not applicable. Be honest and accurate in your responses.
If you are unsure about an answer, it's important to indicate that in your affidavit. You can say "I do not know" or provide your best guess, but make sure to clarify that you are unsure.
Yes, you must attach copies of your two most recent pay stubs, as well as your W-2 and 1099 forms for the last two years. This documentation helps the court understand your financial situation.
After filing, the court will schedule a hearing. Both parties will have the opportunity to present their case. The judge will then make temporary orders based on the information provided.
Yes, temporary orders can be modified if circumstances change. You would need to file another motion with the court to request changes.
Yes, there is typically a filing fee associated with submitting a Motion for Temporary Orders. The exact amount can vary by county, so check with your local court for specific details.
If you cannot afford the filing fee, you may be able to request a fee waiver. This involves filling out a form that explains your financial situation. The court will review your request and decide whether to grant the waiver.
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When filing a Motion for Temporary Orders in Idaho, several other documents often accompany it. Each of these forms plays a crucial role in providing the court with necessary information and context. Below is a list of these important documents.
Each of these documents serves a specific purpose in the legal process. Ensuring that they are completed accurately and submitted on time is crucial for a smooth court experience. Proper preparation can significantly impact the outcome of your case.
Full Name of Party Filing Document
Mailing Address (Street or Post Office Box)
City, State and Zip Code
Telephone
Email Address
IN THE DISTRICT COURT FOR THE
JUDICIAL DISTRICT
FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF
,
Petitioner,
vs.
Respondent.
Case No.
PETITIONER’S RESPONDENT’S
AFFIDAVIT
IN SUPPORT OF
IN OPPOSITION
TO MOTION FOR TEMPORARY ORDERS
IMPORTANT INFORMATION ABOUT THIS DOCUMENT
WARNING TO BOTH PARTIES: This Affidavit is an important document. You must fill out this Affidavit completely, and provide accurate information. You must file this Affidavit with the court along with all required documents and serve copies to the other party.
INSTRUCTIONS
1.Complete the entire Affidavit in black ink. If the spaces provided on this form are inadequate, use separate sheets of paper to complete the answers and attach them to the Affidavit. Answer every question completely! You must complete every blank. If
you do not know the answer to a question or are guessing, please state that. If a question does not apply, write “NA” for “not applicable” to indicate you read the question.
Round all amounts of money to the nearest dollar.
AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS
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2.Answer the following statements YES or NO. If you mark NO, explain your answer on a separate piece of paper and attach the explanation to the Affidavit.
YES NO
1.I listed all sources of my income.
2.I attached copies of my two (2) most recent pay stubs.
3.I attached copies of my W-2 and 1099 forms for all sources of income for the last two years
1.GENERAL INFORMATION:
A. Name:
Date of Birth:
B.Social Security Number:
C.Current Address:
D. Date of Marriage:
Date of Divorce:
E.Last date when you and the other party lived together:
F.Names of children common to the parties in this case, their dates of birth, and Social Security Number(s):
Full Name of Child
Date of Birth
Social Security Number
G.The present address for each child identified above is
H.For the past five years, the children have resided with Petitioner and/or Respondent as follows: [PUT IN ADDRESSES, BEGINNING AND ENDING DATES].
Address
Dates
Resided With
Relationship
1
2
3
4
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The name, date of birth, relationship to you, and gross monthly income for each individual who lives in your household:
Name
Relationship to You Income
I.Any other person for whom you contribute support:
Age Relationship
Reside with
Court Order to
to You
You (Y/N)
Support (Y/N)
2.UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT PROVISIONS: Answer the following:
A. I have not participated as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child/ren identified above.
or
I have participated as a party or witness or in another capacity in the following proceedings concerning the custody or visitation with the child/ren identified above:
[INPUT INFORMATION INCLUDING COURT CASE NUMBER AND TYPE OF PROCEEDING]
B. I do not know of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings related to domestic violence, protective orders, termination of parental rights, and adoptions.
I know of the following proceedings that could affect the current proceeding: (identify
each proceeding by court, case number, and the nature of the proceeding)
.
C. There is not a child protection proceeding pending involving any of the children identified above.
There is a child protection proceeding pending involving the children identified above.
(identify the court and case number)
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3.YOUR EMPLOYMENT INFORMATION:
A.Your job/occupation/profession/title: Name and address of current employer:
Date employment began:
How often are you paid: Weekly Every other week Monthly Twice a month
Other
B.If you are not working, why not?
C.Previous employer name and address:
Previous job/occupation/profession/title:
Date previous job began:Date previous job ended:
Reason you left job:
Gross monthly pay at previous job: $
D. Total gross income for the last two years:
Year
$
E.Your total gross income from January 1 of this year to the date of this Affidavit (year-to- date income): $
4.YOUR EDUCATION/TRAINING: List name of school, length of time there, a year of last attendance, and degree earned:
A.High School:
B.College:
C.Post-Graduate:
D.Occupational Training:
5.YOUR CURRENT GROSS MONTHLY INCOME:
List below all income you receive from any source, whether private or governmental,
taxable or not.
List all income payable to you individually or payable jointly to you and your spouse. Use a monthly average for items that vary from month to month.
Multiply weekly income and deductions by 4.33. Multiply biweekly income by 2.165 to
arrive at the total amount for the month.
A. Gross Salary/wages per month
Attach copies of your two most recent pay stubs.
Rate of Pay $
per hour week month year
B. Expenses paid for by your employer:
1.
Automobile
2.
Auto expenses, such as gas, repairs, insurance
3.
Lodging
4.
Other (explain)
C. Commissions/Bonuses
D. Tips
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07/01/2016
E.
Self-Employment Income (see below)
F.
Social Security Benefits
G.
Worker’s Compensation and/or disability income
H.
Unemployment compensation
I.
Gifts/Prizes
J.
Payments from prior spouse
K.
Rental income (net after expenses)
L.
Contributions to household living expenses by others
M. Other (explain):
(include dividends, pensions, interest, trust income,
annuities, or royalties.)
TOTAL:
0
6.SELF-EMPLOYMENT INCOME (if applicable):
If self employed, provide the following information: Name, address and telephone number of business:
Type of business entity:
State and Date of incorporation: Nature of your interest:
Nature of business: Percent ownership: Number of shares of stock:
Total issued and outstanding shares: Gross sales/revenue last 12 months:
Both parties must answer item 7 if either party asks for child support. These expenses include only those expenses for children who are common to the parties, which means one party is the birth/adoptive mother and the other is the birth/adoptive father of the children.
7.SCHEDULE OF ALL MONTHLY EXPENSES FOR CHILDREN:
DO NOT LIST any expenses for the other party, or children who live with the other party, unless you are paying those expenses.
Use a monthly average for items that vary from month to month.
If you are listing anticipated expenses, indicate this by putting an asterisk (*) next to the estimated amount.
A. HEALTH INSURANCE:
Total monthly cost:
Premium cost to insure you alone:
Premium cost to insure children common to the parties
4.List all people covered by your insurance coverage
5.Name of insurance company and Policy/Group Number:
B. DENTAL/VISION INSURANCE:
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Premium Cost to insure you alone:
Premium cost to insure children common to the parties:
4.List all people covered by your insurance coverage:
C. UNREIMBURSED MEDICAL AND DENTAL EXPENSES:
(Cost to you after, or in addition to, any insurance reimbursement)
Prescriptions and medical supplies:
Other:
D. CHILD CARE COSTS:
Total monthly child care costs:
(do not include amounts paid by H&W or other State
Assistance programs)
Names of children cared for and amount per child:
3.Name(s) and address(es) of child care provider(s):
E.EMPLOYER PRETAX PROGRAM:
Do you participate in an employer program for pretax payment of child care expenses (cafeteria plan)? YES NO
F.COURT ORDERED CHILD SUPPORT:
1.Court ordered current child support for children
Not common to the parties
Amount of any arrears payment
Amount per month actually paid in last 12 months:
Attach proof that you are paying
4.Names and relationship of minor children who
you support or who live with you, but are not common to the parties:
G. COURT ORDERED SPOUSAL MAINTENANCE/SUPPORT (Alimony):
1.Court ordered spousal maintenance/support you
actually pay to previous spouse:
H. EXTRAORDINARY EXPENSES:
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1.For Children (Educational Expense/Special Needs/Other): $ Explain:
2. For Self:
Explain:
Both parties must answer items 8 and 9 if either party is requesting:
Spousal maintenance
Division of expenses
Attorneys’ fees and costs
Adjustment or deviation from the child support amount
Enforcement
8.SCHEDULE OF ALL MONTHLY EXPENSES:
Do NOT list any expenses for the other party, or children who live with the other party unless you are paying those expenses.
A. HOUSING EXPENSES:
House payment:
a.
First Mortgage:
b.
Second Mortgage:
c.
Homeowners Association Fee:
d.
Rent:
Repair & Upkeep:
Yard work/Pool/Pest control
Insurance & Taxes not included in house payment:
5.
B. UTILITIES:
Water, sewer, and garbage:
Electricity:
Gas:
Telephone:
Mobile Phone/Pager:
6.
Internet Provider:
7.
Cable/Satellite Television:
8.
Other (explain):
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C. FOOD:
Food:
School lunches:
Meals outside home
D. CLOTHING:
Clothing for you:
Uniforms or special work clothes:
Clothing for children living with you:
E. TRANSPORTATION OR AUTOMOBILE EXPENSES:
Car insurance
List all cars and individuals covered:
Car payment, if any:
Car repair and maintenance:
Gas and oil:
Bus fare/parking fees:
F. MISCELLANEOUS:
School and school supplies:
School activities or fees:
Extracurricular activities of children:
Church/Contributions:
Newspapers, magazines and books:
Barber and Beauty Shop:
Life insurance (beneficiary:
) $
Disability insurance:
9.
Recreation/Entertainment:
10. Children’s allowance:
11. Union/Professional dues:
12. Voluntary retirement contributions and savings deductions: $
13. Pet Expenses:
14. Cigarettes:
15. Alcohol:
16. Other (explain):
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9.OUTSTANDING DEBTS AND ACCOUNTS: List all debts and installment payments you currently owe, but do not include items listed in Item 8 “monthly schedule of expenses”.
Follow the format below. Use additional paper if necessary:
Credit Name
Purpose of Debt
Unpaid Balance
Min.
Monthly
Payment
Date of
Amount
Your Last
of Your
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Both parties must answer item 10 and 11 if either party asks for temporary custody. The requested information applies only to the children common to the parties, which means one party is the birth/adoptive mother and the other is the birth/adoptive father of the children.
10.CUSTODY:
A. The opposing party and I were unable to reach an agreement in mediation regarding the temporary custody of our child.
I have asked the opposing party to participate in mediation and he/she has refused.
Attach copy of letter requesting mediation.
B.A temporary custody schedule is necessary for the well-being of the child because:
C. During our marriage, we cared for the child in the following manner: (input care given i.e. I have been the primary caretaker and my spouse has been the primary breadwinner.)
D.Since our separation (or since entry of the last custody order), our child has been with each of us according the following schedule:
E.My work schedule is as follows:
F.To the best of my knowledge, the opposing party’s work schedules is as follows:
G.The child has been with the following care providers when we are unable to care for him/her/them because of work:
H. Our child attends school at (name of school)
which is located
miles away from my residence and
miles from the
opposing party’s
residence.
I.Our child is involved in the following extracurricular activities (describe the activity and
schedule of time requirement for practices, games, etc.)
J.I participate in the child’s activities by (give examples)
K.The opposing party participates OR does not participate by (give examples)
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