The Motion for Temporary Orders Idaho form serves as a critical step for individuals seeking immediate court orders during legal proceedings, such as divorces or custody battles. It requires comprehensive and accurate information from the filing party, including personal details, income sources, and specifics about the children involved, to inform the court's temporary decisions. To ensure efficient handling of your case, consider filling out the form with meticulous attention to detail and submit it as instructed by clicking the button below.
When navigating the complexities of legal procedures within the family court system of Idaho, one often encounters the need for clarity and direction, particularly when temporary measures are sought in cases involving divorce or custody disputes. The Motion for Temporary Orders Idaho form serves as an essential tool in these instances, laying the groundwork for provisional decisions on crucial matters such as child support, custody, and spousal support, among others. At its core, this affidavit requires detailed personal and financial information from the filing party, demanding accuracy and thoughtful consideration when documenting income sources, living arrangements, and the specifics of employment and educational backgrounds. It's designed to ensure that the court obtains a comprehensive snapshot of the party's current circumstances to make informed, fair temporary orders. Additionally, it includes provisions under the Uniform Child Custody Jurisdiction and Enforcement Act, demanding transparency about any ongoing or preceding legal issues that might influence the case at hand. Given its significance, both parties involved must approach this document with the seriousness it warrants, fully appreciating the impact that the provided information can have on the temporary orders issued by the court.
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
PAGE 4
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
Filling out the Motion for Temporary Orders in Idaho requires careful attention to detail. This document plays a significant role in legal proceedings, making it vital to provide complete and accurate information. Please follow the steps listed below carefully. After submission, the court will review the details provided. Both parties must be served with a copy of this document. It is the responsibility of the filer to ensure that all information is truthful and to comply with all court requirements for document submission.
Before submitting, double-check all information for accuracy and completeness. Failure to provide accurate or complete information could impact the outcome of your motion. Once the affidavit is complete and all required documents are attached, file the document with the court and serve a copy to the other party as per the court's instructions.
What is a Motion for Temporary Orders in Idaho?
A Motion for Temporary Orders in Idaho is a document filed by one party in a family law case, asking the court to establish temporary conditions relating to custody, support, property division, or other relevant issues while the case is ongoing. It serves to provide a form of temporary relief that addresses immediate needs or protects the parties’ interests until a final decision is made.
How do I fill out the affidavit for a Motion for Temporary Orders?
To fill out the affidavit for a Motion for Temporary Orders, you must write in black ink and answer every question fully and truthfully. This includes personal information, financial details, employment data, and specifics about any children involved. If the space provided is not enough, attach additional sheets with complete responses. Attach required documents such as pay stubs, W-2, and 1099 forms. For any question that doesn't apply, mark it as "NA" for not applicable, to show you have read and considered each question.
What should I do if I have no income or if I'm self-employed?
If you have no income, explain your situation in the section provided, indicating why you are currently not employed. If you are self-employed, provide detailed information about your business, such as its name, type, the nature of your interest, gross sales, and nature of the business. This information is crucial for the court to understand your financial situation and make an informed decision regarding temporary orders.
How is child support determined in the affidavit for a Motion for Temporary Orders?
Child support in the affidavit for a Motion for Temporary Orders is determined based on the information provided about each parent's income, the schedule of monthly expenses for children common to the parties, and the specific needs of the children. The affidavit requires detailed information about all income sources, monthly expenses for children (including health insurance and dental/vision insurance), and any special circumstances or needs of the children that should be considered. The court uses this information to calculate child support in accordance with Idaho's child support guidelines to ensure the children's needs are met during the legal proceedings.
Filling out the Motion For Temporary Orders in Idaho requires careful attention to detail and understanding of the legal requirements. Common mistakes can lead to delays in your case or issues with the court. Here's a detailed look at seven common mistakes people make while filling out this form:
Avoiding these mistakes requires a careful reading of the form's instructions and paying close attention to detail. Remember, this document plays a crucial role in the court's understanding of your situation and its decisions regarding temporary orders. Providing complete, accurate, and clear information will help ensure the process goes smoothly.
In navigating legal situations, especially in the context of family law, understanding and preparing the necessary documents can significantly streamline the process. Alongside the Motion for Temporary Orders in Idaho, several other documents play a crucial role in ensuring that your case is comprehensive and ready for court considerations. These documents, from financial affidavits to parenting plan agreements, help paint a full picture of the circumstances and needs of the individuals involved. Here's a brief overview of these essential documents:
Each of these documents serves a unique purpose and collectively aids in pursuing a fair and efficient resolution to family law cases. Whether you're dealing with custody issues, financial support, or the protection of personal safety, having the right documentation prepared can significantly impact the outcome of your case. It’s advised to consult with legal professionals to ensure these forms align with your specific situation and to navigate the legal process more effectively.
The Motion For Temporary Orders Idaho form is similar to other legal documents used in family court proceedings, primarily because it addresses temporary arrangements pending a final order or judgement. Such documents are essential for establishing provisional terms, especially concerning custody, support, and living arrangements. Below are examples of documents with similar purposes and how they relate to the Motion For Temporary Orders form.
One document similar to the Motion For Temporary Orders is the Temporary Restraining Order (TRO). Both forms are utilized in situations that require immediate court intervention to protect individuals or preserve the status quo during ongoing legal proceedings. While the Motion For Temporary Orders might focus on aspects such as child support, custody, or spousal support, a TRO specifically aims to prevent harm by restricting an individual's actions towards another person or property. In essence, both serve as preliminary measures that courts can quickly implement to address urgent needs before reaching a final decision.
Another pertinent document is the Petition for Temporary Custody. This form, like the Motion For Temporary Orders, is often encountered in family law and serves to establish temporary custodial arrangements for minors. Both documents are instrumental in scenarios where immediate decisions regarding the welfare and living situations of children are necessary. Although the Petition for Temporary Custody is more narrowly focused on custodial aspects, and the Motion For Temporary Orders can encompass a wider range of temporary measures, they share the common goal of securing a safe and stable environment for children amidst legal disputes.
Additionally, the Temporary Financial Support Form bears resemblance to the Motion For Temporary Orders in its financial focus. This form is specifically designed to outline and request temporary financial support for a spouse or children during divorce proceedings. Like the Motion For Temporary Orders, which can also include requests for financial support, the Temporary Financial Support Form ensures that immediate financial needs are met while awaiting the court's final decision. Both documents emphasize the importance of providing for the parties' financial needs during potentially lengthy legal processes.
Filling out legal forms accurately is crucial for the outcome of any legal process. Here's a straightforward guide on what you should and shouldn't do when filling out the Motion For Temporary Orders in Idaho form.
There are several misconceptions about the Motion For Temporary Orders in Idaho that can confuse people navigating through legal procedures. Understanding these misconceptions is crucial for individuals involved in legal cases, particularly those related to family law. Here are seven common misunderstandings and clarifications for each:
Understanding these misconceptions and approaching the Motion for Temporary Orders form with thoroughness and accuracy is vital for anyone seeking temporary relief through the Idaho court system. It ensures that the court has all necessary information to make fair and informed decisions that impact the lives of the individuals involved.
Filing a Motion For Temporary Orders in Idaho requires careful and accurate detail to ensure that your request is properly understood and processed by the court. Here are key takeaways to consider when completing this form:
Understanding and adhering to these guidelines can significantly influence the processing of your Motion For Temporary Orders in the Idaho courts, aiming for a fair and timely resolution.
Idaho Grocery Tax - Ski resorts can claim exemptions for parts and equipment used in tramways and snow grooming.
What Is W8 Form - It combines the functionalities of a W-9 form with direct deposit and remittance advice authorizations.