The Motion For Temporary Orders Idaho form is a legal document used in Idaho courts to request temporary relief during a divorce or custody proceeding. This form allows parties to outline their needs and circumstances while awaiting a final decision. Completing this form accurately is essential for ensuring that your requests are considered, so be sure to fill it out carefully by clicking the button below.
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
PAGE 1
CAO RFLPPi 1-3 07/01/2016
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
PAGE 2
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)
PAGE 3
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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CAO RFLPPi 1-3
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:
PAGE 5
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:
PAGE 6
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):
PAGE 7
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):
PAGE 8
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
PAGE 9
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)
PAGE 10
A Motion for Temporary Orders is a request made to the court for temporary relief while a case is pending. This can include requests related to child custody, child support, spousal support, or other urgent matters that need immediate attention. The goal is to ensure that the needs of all parties, especially children, are met during the legal process.
Either party involved in a legal case can file a Motion for Temporary Orders. This includes the petitioner, who initiates the case, and the respondent, who is responding to the petition. It is important for the filing party to provide accurate information and complete the required affidavit to support their motion.
The affidavit requires various details, including:
Completing the affidavit thoroughly is essential, as it forms the basis of your motion.
After filing the Motion for Temporary Orders with the court, you must serve a copy to the other party. This can be done through a process server, a sheriff's department, or by certified mail. Ensure that you keep proof of service, as this may be required by the court.
Once the motion is filed and served, the court will typically schedule a hearing. Both parties will have the opportunity to present their case. The judge will then make a decision based on the information provided. It’s crucial to prepare thoroughly for this hearing, as the outcome can significantly impact your case.
Yes, Temporary Orders can be modified if there is a significant change in circumstances. Either party can file a motion to request changes to the existing order. It's important to provide evidence supporting the need for modification to increase the chances of approval by the court.
Misconceptions about the Motion For Temporary Orders Idaho form can lead to confusion and mistakes in the legal process. Here are four common misconceptions:
Understanding these misconceptions can help you navigate the legal system more effectively and ensure that your rights are protected.
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