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Blank Motion For Temporary Orders Idaho PDF Form

The Motion for Temporary Orders in Idaho is a legal document used to request immediate, temporary relief from the court while a case is pending. This form is essential for individuals seeking urgent orders regarding child custody, support, or other critical matters before a final decision is reached. Understanding how to complete this form accurately is vital for ensuring your requests are heard; start filling out the form by clicking the button below.

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Blank Motion For Temporary Orders Idaho PDF Form

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Form Specifications

Fact Name	Details
Purpose	The Motion for Temporary Orders form is used to request immediate relief from the court regarding custody, support, or other urgent matters during a divorce or separation process.
Governing Law	This form is governed by the Idaho Rules of Family Law Procedure, specifically addressing temporary orders in family law cases.
Filing Requirements	Parties must complete the affidavit in full, file it with the court, and serve copies to the opposing party to ensure compliance with legal procedures.
Information Needed	Key information includes personal details, income sources, and any prior court proceedings related to child custody or support.
Consequences of Inaccuracy	Providing false information can lead to legal repercussions, including the dismissal of the motion or penalties for perjury.

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Common mistakes

Filling out the Motion For Temporary Orders Idaho form can be a complex task. One common mistake is failing to provide complete information in the required sections. Every blank on the form must be filled out. If a question does not apply, it is essential to write “NA” to indicate that the question was reviewed. Leaving blanks or providing incomplete answers can delay the process or lead to a rejection of the motion.

Another frequent error is neglecting to attach necessary documents. The form requires copies of the two most recent pay stubs, as well as W-2 and 1099 forms from the last two years. If these documents are not included, the court may not have enough information to make a decision. This oversight can significantly impact the outcome of the motion.

Some individuals mistakenly answer questions without providing adequate explanations. For instance, if a respondent marks "NO" on a question about income sources, they must attach an explanation. Failing to do so can lead to confusion and may be viewed as withholding information, which can negatively affect the case.

Another common mistake is not rounding monetary amounts correctly. The form instructs individuals to round all amounts to the nearest dollar. Inaccuracies in financial reporting can create discrepancies that complicate the review process. Ensuring that all figures are precise and rounded correctly is crucial for clarity.

Additionally, individuals often overlook the importance of signing the affidavit. A signature is required to validate the document. Without it, the court may reject the submission. It is vital to double-check that all required signatures are present before filing.

Lastly, individuals sometimes fail to serve copies of the motion to the other party as required. This step is essential for ensuring that both parties are informed and can respond accordingly. Not serving the documents can lead to further complications and delays in the legal process.

Your Questions, Answered

What is a Motion for Temporary Orders in Idaho?

A Motion for Temporary Orders is a legal request made to the court during a divorce or custody proceeding. It seeks immediate relief or temporary arrangements regarding issues such as child custody, child support, or spousal support while the case is ongoing. This motion helps ensure that both parties have a clear understanding of their rights and obligations until a final decision is made.
Who can file a Motion for Temporary Orders?

Either party involved in a divorce or custody case can file this motion. The individual filing is referred to as the "Petitioner," while the other party is the "Respondent." It is essential for the filing party to provide accurate information and complete all required sections of the form.
What information is required on the form?

The form requires various details, including:
- Full names and contact information of both parties
- Details about the marriage and children, such as names, dates of birth, and Social Security numbers
- Employment information, including income and expenses
- Any previous custody or visitation proceedings
Completing the form accurately is crucial, as any missing or incorrect information can delay the process.
How should the form be completed?

It is important to fill out the form using black ink and to answer every question thoroughly. If a question does not apply, indicate that by writing "NA." For questions that require additional explanation, attach separate sheets as needed. Providing precise and truthful information helps the court make informed decisions.
What happens after the form is filed?

Once the Motion for Temporary Orders is filed with the court, copies must be served to the other party. The court may schedule a hearing where both parties can present their cases. The judge will then make a temporary ruling based on the evidence and arguments presented.
Are there any consequences for providing false information?

Yes, providing false information on the affidavit can have serious consequences. It may lead to legal penalties, including sanctions from the court. Additionally, it can negatively impact the outcome of the case, as the court relies on the accuracy of the information to make decisions.
Can I modify the temporary orders later?

Yes, temporary orders can be modified if there is a significant change in circumstances. Either party can request a modification by filing the appropriate motion with the court, explaining the reasons for the change. The court will review the request and determine whether to grant the modification.

Dos and Don'ts

When filling out the Motion For Temporary Orders Idaho form, it is essential to follow specific guidelines to ensure accuracy and completeness. Here are ten things to do and avoid:

Do complete the entire Affidavit in black ink.
Do provide accurate information and answer every question completely.
Do use separate sheets of paper if the form does not have enough space for your answers.
Do indicate “NA” for questions that do not apply to you.
Do round all monetary amounts to the nearest dollar.
Don't leave any blanks; every question must be answered.
Don't guess if you do not know the answer; state that you are unsure.
Don't forget to attach required documents, such as pay stubs and tax forms.
Don't provide information that is not relevant to the current proceedings.
Don't neglect to file the Affidavit with the court and serve copies to the other party.

Documents used along the form

When filing a Motion for Temporary Orders in Idaho, several other forms and documents may be necessary to support your case. Each of these documents serves a specific purpose and helps ensure that the court has all the relevant information to make informed decisions. Below is a list of commonly used forms and documents in conjunction with the Motion for Temporary Orders.

Affidavit: This document provides a sworn statement of facts relevant to the case. It supports the motion by detailing personal circumstances, financial information, and any other pertinent details.
Living Will Form: To ensure your medical preferences are honored, utilize the detailed guide for completing a Living Will to outline your healthcare wishes effectively.
Notice of Hearing: This form notifies both parties of the scheduled court date for the motion hearing. It includes details about the time and location of the hearing.
Proposed Order: This document outlines the specific orders requested from the court. It details what the petitioner is asking the court to grant regarding temporary custody, support, or other matters.
Financial Disclosure Form: This form requires both parties to disclose their financial information, including income, expenses, and assets. Transparency is essential for the court to make fair decisions.
Child Support Worksheet: If child support is being requested, this worksheet calculates the appropriate amount based on the income of both parents and the needs of the children.
Parenting Plan: This document outlines how parents will share responsibilities and time with their children. It includes details about custody arrangements, visitation schedules, and decision-making processes.
Certificate of Service: This form proves that all necessary documents have been properly served to the other party. It is crucial for ensuring that both parties are informed about the proceedings.
Exhibits: Any additional documents that support your motion, such as photographs, emails, or other evidence, should be labeled and submitted as exhibits.
Request for Production of Documents: This document allows one party to request specific documents from the other party that are relevant to the case, aiding in the discovery process.
Response to Motion: If you are the respondent, this document allows you to formally respond to the motion filed by the petitioner, presenting your side of the case.

Gathering these documents can help streamline the process and provide the court with a comprehensive view of the situation. Each form plays a vital role in ensuring that all parties are heard and that the court can make fair and informed decisions.

Detailed Instructions for Filling Out Motion For Temporary Orders Idaho

Filling out the Motion for Temporary Orders form in Idaho is a crucial step in seeking temporary relief during legal proceedings. After completing the form, you will need to file it with the court and serve copies to the other party involved in your case. This process ensures that all parties are informed and can respond appropriately. Below are the steps to guide you through filling out the form.

Begin by writing your full name at the top of the form, followed by your mailing address, city, state, and zip code. Include your telephone number and email address.
In the section for the court information, fill in the county and the names of the petitioner and respondent.
Indicate whether you are the petitioner or the respondent by checking the appropriate box.
Complete the affidavit section by answering all questions with either YES or NO. If you answer NO, provide an explanation on a separate sheet and attach it to the affidavit.
Fill out the general information section, including your name, date of birth, social security number, current address, date of marriage, date of divorce, and the last date you lived with the other party.
List the names, dates of birth, and social security numbers of any children common to both parties.
Provide the current address for each child and detail where the children have resided over the past five years, including addresses and dates.
Include information about anyone living in your household, including their names, dates of birth, relationship to you, and gross monthly income.
Answer questions regarding any other individuals for whom you provide support, including their names, ages, and whether you have a court order for support.
Respond to the questions related to the Uniform Child Custody Jurisdiction and Enforcement Act by indicating your involvement in any custody proceedings.
Provide your employment information, including your job title, employer's name and address, and the start date of your employment. If you are not currently employed, explain why.
List your current gross monthly income and any other sources of income, rounding amounts to the nearest dollar.
Detail your monthly expenses for children, including health and dental insurance costs, and provide the total monthly amount for each expense.

Once you have completed the form, review it carefully for accuracy. After ensuring all sections are filled out correctly, you can file the document with the court and serve copies to the other party. This step is essential in moving forward with your case.

Document Example

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

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

The name, date of birth, relationship to you, and gross monthly income for each individual who lives in your household:

Name	Date of Birth	Relationship to You Income

I.Any other person for whom you contribute support:

Name	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.

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)

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

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	$	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		$
AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS			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:

INSTRUCTIONS

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:
1.	Total monthly cost:	$
2.	Premium cost to insure you alone:	$
3.	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:

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

1.	Total monthly cost:	$
2.	Premium Cost to insure you alone:	$
3.	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:

C. UNREIMBURSED MEDICAL AND DENTAL EXPENSES:

(Cost to you after, or in addition to, any insurance reimbursement)

1.	Prescriptions and medical supplies:		$
2.	Other:		$

		TOTAL:	$		0
D. CHILD CARE COSTS:
1.	Total monthly child care costs:		$
	(do not include amounts paid by H&W or other State
	Assistance programs)
2.	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	$
2.	Amount of any arrears payment	$
3.	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:
AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS			PAGE 6
CAO RFLPPi 1-3	07/01/2016

1.For Children (Educational Expense/Special Needs/Other): $ Explain:

2. For Self:		$
Explain:

INSTRUCTIONS

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.

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. HOUSING EXPENSES:
1.	House payment:
	a.	First Mortgage:		$
	b.	Second Mortgage:		$
	c.	Homeowners Association Fee:		$
	d.	Rent:		$
2.	Repair & Upkeep:			$
3.	Yard work/Pool/Pest control			$
4.	Insurance & Taxes not included in house payment:			$
5.	Other (explain)			$
			TOTAL:	$	0
B. UTILITIES:
1.	Water, sewer, and garbage:			$
2.	Electricity:			$
3.	Gas:			$
4.	Telephone:			$
5.	Mobile Phone/Pager:			$
6.	Internet Provider:			$
7.	Cable/Satellite Television:			$
8.	Other (explain):			$

			TOTAL:	$	0

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

C. FOOD:
1.	Food:	$
2.	School lunches:	$
3.	Meals outside home	$
	TOTAL:	$	0
D. CLOTHING:
1.	Clothing for you:	$
2.	Uniforms or special work clothes:	$
3.	Clothing for children living with you:	$
	TOTAL:	$	0

E. TRANSPORTATION OR AUTOMOBILE EXPENSES:

1.	Car insurance	$
2.	List all cars and individuals covered:

3.	Car payment, if any:		$
4.	Car repair and maintenance:		$
5.	Gas and oil:		$
6.	Bus fare/parking fees:		$
7.	Other (explain):		$
		TOTAL:	$

F. MISCELLANEOUS:

1.	School and school supplies:	$
2.	School activities or fees:	$
3.	Extracurricular activities of children:	$
4.	Church/Contributions:	$
5.	Newspapers, magazines and books:	$
6.	Barber and Beauty Shop:	$
7.	Life insurance (beneficiary:	) $
8.	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):	$
TOTAL:	$

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

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
Payment	Payment

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

INSTRUCTIONS

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)

AFFIDAVIT RE: MOTION FOR TEMPORARY ORDERS

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CAO RFLPPi 1-3 07/01/2016

Misconceptions

Misconception 1: The Motion For Temporary Orders is only for emergencies.

This form can be used for various temporary arrangements, not just urgent situations. It helps establish temporary terms for child custody, support, and other issues while the case is ongoing.

Misconception 2: You don’t need to provide detailed information.

Completing the form accurately is crucial. Providing detailed and truthful information helps the court make informed decisions. Missing details can lead to delays or complications.

Misconception 3: Only one party can file the motion.

Both parties have the right to file a motion for temporary orders. Either party can request temporary arrangements, depending on their needs and circumstances.

Misconception 4: You can fill out the form at any time.

There are specific timelines for filing this motion. It’s important to adhere to these timelines to ensure that the court hears your request in a timely manner.

Misconception 5: The court will automatically grant the motion.

The court will review the motion and supporting documents carefully. Approval is not guaranteed. The judge will consider the best interests of any children involved and other relevant factors.

Misconception 6: You don’t need to serve the other party.

It’s essential to serve copies of the motion and related documents to the other party. This ensures that they are aware of the motion and have the opportunity to respond.