The Motion for Temporary Orders Idaho form is designed for individuals undergoing legal proceedings who need to establish temporary orders on matters such as child custody, support, or property division while the case is ongoing. It requires detailed information about the filer, their family, income, employment, and living situation to ensure the court has a comprehensive understanding of the circumstances. This step is crucial for safeguarding the interests of all parties involved until a final decision is reached. If you believe filing this form is your next step, click the button below to get started.
In legal proceedings, particularly those involving family law, the "Motion For Temporary Orders Idaho" form represents a crucial step for individuals seeking immediate, albeit provisional, relief during the pendency of a case. This detailed form, required to be filled out meticulously in black ink, serves as an affidavit either in support of or in opposition to requests for temporary orders. Temporary orders could encompass a range of necessities such as custody arrangements, financial support, or property distribution, aiming to establish a temporary status quo that protects the interests and well-being of the involved parties until a final decision is reached. The person filing the document, whether the petitioner or the respondent, must provide comprehensive information, including personal details, financial incomes, employment status, and any pertinent child-related logistics and expenses. This form also addresses aspects under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and demands transparency about any ongoing or potential legal proceedings that could influence the case. Moreover, it outlines specific instructions for detailing monthly expenses, particularly for children common to both parties, ensuring that any temporary financial arrangements cater adequately to their needs. With its emphasis on complete and accurate information, the form underscores the legal responsibility of both parties to contribute to a fair and informed temporary arrangement.
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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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:
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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):
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):
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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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Filing a Motion for Temporary Orders in Idaho requires careful attention to detail and accuracy in providing information. This process involves completing an affidavit that the court will use to make temporary orders concerning issues like child custody, financial support, and other matters pending the final resolution of a case. It's essential to complete the form as instructed, provide truthful information, and ensure all documentation is attached as required. Follow these steps closely to correctly fill out the Motion for Temporary Orders affidavit.
After completing and signing the affidavit, the next steps include filing it with the court and serving a copy on the other party as required by law. This process will ensure that the court considers your position and information when making temporary orders in your case.
What is the purpose of the Motion for Temporary Orders in Idaho?
The Motion for Temporary Orders in Idaho serves to establish temporary court orders for various matters such as child custody, child support, spousal support, or property division during the pendency of a legal case. These orders are designed to provide structure and stability until a final decision can be reached in the case.
Who needs to fill out the Affidavit in support of or in opposition to the Motion for Temporary Orders?
Either the Petitioner or the Respondent involved in a legal case may need to fill out the Affidavit. It is used when one party seeks to establish or modify temporary court orders and the other party either agrees and supports the motion or opposes it. The Affidavit must be filled out completely and accurately to provide the court with the necessary information to make a decision.
How should I complete the Affidavit?
The Affidavit must be completed in black ink and all questions should be answered in full. If additional space is needed, separate sheets of paper can be attached. It is crucial to provide accurate information for every question. If a question is not applicable, indicate this by writing "NA". For income-related questions, round all amounts to the nearest dollar and attach any required documentation such as pay stubs or W-2 and 1099 forms.
What happens if I do not know the answer to a question on the Affidavit?
If you are unsure about the answer to a question or can only provide an estimate, it is important to state this clearly on the form. Being upfront about uncertainties helps maintain integrity in the information provided and assists the court in understanding your situation as accurately as possible.
What documentation is required to be attached to the Affidavit?
When filing the Affidavit, you must attach copies of your two most recent pay stubs, your W-2 and 1099 forms for the last two years for all sources of income. This documentation is essential for the court to assess financial matters accurately, such as child support or spousal support.
What should I do if I am self-employed?
If you are self-employed, you must provide detailed information about your business, including the name, address, telephone number, type of business entity, nature of your interest, and financial specifics such as gross sales/revenue over the last 12 months. This information will help the court to evaluate your income accurately for the purposes of temporary orders.
Filling out legal documents can feel overwhelming, especially when dealing with something as pivotal as a Motion for Temporary Orders in Idaho. While the process is critical, mistakes are common. Understanding these common pitfalls can significantly impact the outcome of your case and the speed at which it is considered.
One of the first errors people often make is not completing the affidavit in black ink as instructed. Although this might seem trivial, adhering to such instructions is crucial for ensuring that the document is accepted by the court.
A significant and all-too-common mistake is failing to attach additional sheets where the provided space is inadequate. Every question must be answered thoroughly, and if the space provided on the form isn't enough, it's imperative to attach additional papers with the necessary information.
Another common oversight is not rounding all amounts of money to the nearest dollar. Precision in financial reporting is key to presenting an accurate representation of one's financial situation.
Errors related to the children's section, particularly when it comes to detailing their living arrangements and support, are frequent. It's essential to accurately list all children common to the parties, their dates of birth, Social Security Numbers, and detailed information regarding their living circumstances and past five years' addresses.
When documenting employment information, a lapse often occurs. It is essential to include comprehensive details about current and previous employment, including addresses, periods of employment, gross monthly pay, and the reasons for job changes or unemployment. Missing or inaccurate details here can lead to questions regarding one's financial status.
Moreover, the affidavit demands a list of all sources of income, which people often fail to complete thoroughly. This includes not only salaries but also any other forms of income like rents, dividends, social security benefits, etc. Equally important is attaching copies of two most recent pay stubs and W-2 and 1099 forms for the last two years, which applicants sometimes overlook.
When discussing expenses, especially those related to children, individuals frequently forget to use a monthly average for items that vary month to month, and to note anticipated expenses properly. This oversight can lead to an inaccurate portrayal of the financial situation.
In summary, attention to detail, thoroughness, and adherence to the instructions provided on the Motion for Temporary Orders form are paramount. By avoiding the discussed mistakes, individuals can enhance the clarity and accuracy of their submissions, contributing to a smoother legal process.
When someone initiates legal proceedings related to family law in Idaho, particularly regarding temporary orders which dictate the immediate but temporary regulations covering child custody, support, and perhaps spousal support, the Motion for Temporary Orders is just the starting point. The complexity of these situations often necessitates additional documentation to provide the court with a comprehensive perspective of the family's dynamics, financial status, and immediate needs. Below is a summary of other forms and documents commonly used in conjunction with the Motion for Temporary Orders.
Together, these documents paint a holistic picture of the needs and capabilities of the family involved, guiding the court in its temporary orders. Proper and thoughtful completion of these documents can significantly influence the court's decisions, aiming to preserve the well-being and financial stability of all parties during the legal process.
The Motion For Temporary Orders Idaho form is similar to other legal documents that are used in family court proceedings, such as petitions for custody or divorce filings. These documents share common features like requiring detailed personal information, outlining financial circumstances, and necessitating a declaration of the party's position on specific matters. Each requires the individual to provide full names, addresses, income sources, employment information, and, if applicable, details regarding children involved in the case. For instance, in both the Motion For Temporary Orders and petitions for custody, individuals must provide extensive details about their income, including salary, bonuses, and any public benefits received, to establish financial capability. Additionally, information about children's living arrangements and any related legal proceedings must be disclosed, demonstrating the interconnected nature of these documents in ensuring comprehensive court evaluation.
Another document that the Motion For Temporary Orders Idaho form resembles is the Affidavit of Financial Means, commonly required in divorce proceedings. This affidavit demands precision in reporting the financial status of the party, much like the Motion For Temporary Orders necessitates detailed financial disclosures. It includes sections on income, expenses, assets, and liabilities, aiming to give the court a clear picture of the party's economic situation. This similarity extends to the necessity of declaring all sources of income, including employment, self-employment, and any governmental benefits such as Social Security or unemployment compensation. Moreover, both documents have sections dedicated to outlining the monthly expenses for children, evidencing their role in ensuring that financial decisions, especially those regarding child support or temporary orders, are made with a full understanding of the parties' financial capabilities and children’s needs.
When filling out the Motion For Temporary Orders Idaho form, it is crucial to follow certain guidelines to ensure the process is completed correctly and efficiently. Below are the things you should and shouldn't do:
Do's:
Don’ts:
When navigating the complexities of legal procedures, particularly regarding family law in Idaho, it’s crucial to understand the nuances of forms like the Motion for Temporary Orders. Misunderstandings can lead to missteps with potentially significant consequences. Let’s clarify some common misconceptions around this pivotal document:
This is not the case. In situations requiring temporary decisions on matters such as child custody, support, or marital property division pending a final order, submitting this form is a crucial step in the legal process.
In contrast, the form demands complete and accurate information concerning your financial situation, employment, household members, and more. Skipping details or rushing through can lead to delays or unfavorable temporary orders.
Each section of the form and its instructions are designed to capture specific, necessary details. Adhering to these instructions is vital for both the accuracy of your submission and the efficiency of your proceedings.
Even if a question seems not to apply to your situation, the form requires an answer. For questions that truly do not apply, marking them as ‘NA’ for 'not applicable' demonstrates that you read and considered each part of the form.
The form explicitly requires attaching recent pay stubs and tax documents to ensure financial clarity. Providing this documentation is not optional but a fundamental requirement to facilitate equitable temporary orders.
While financial details are a significant portion of the document, it also encompasses other critical information, including particulars about children, their living arrangements, and existing legal matters that may impact the temporary orders.
Seeking assistance is not only allowed but encouraged to ensure the completeness and accuracy of your submission. Legal professionals, including attorneys and court clerks, can provide guidance and clarification on how to accurately fill out the form.
Understanding these nuances can aid in the successful navigation of family law proceedings, ensuring that your temporary orders reflect your situation accurately and fairly.
When handling the Motion for Temporary Orders in Idaho, it is essential to navigate the process with accuracy and attention to detail due to its significance in family law disputes. Below are key takeaways to ensure parties involved successfully complete and use the form:
Completion and submission of the Motion for Temporary Orders form require a comprehensive approach to ensure all information provided is accurate, complete, and presented in a manner that facilitates the court's understanding of the requesting party's situation. By adhering to the instructions and employing thoroughness in documenting financial and personal details, parties can effectively communicate their needs and circumstances to the court.
Grocery Credit - Contractors working on exempt projects, such as agricultural irrigation, can use the ST-101 to outline the specifics of their tax-exempt purchases.
Idaho Form 96 - The Idaho 967 form is for employers to report total taxable wages and reconcile taxes withheld during the calendar year.
Idaho Amended Tax Return - Designed for taxpayers who need to amend their tax returns due to changes or errors.