Rule 504.Motion for Temporary Orders

Because Rule 502(b) decides temporary orders on the papers, Rule 504 says exactly what those papers must hold.

Form

A verified motion, or a motion and affidavit, setting out the legal and jurisdictional bases and the specific relief requested.

Custody and parenting time

The motion must set out the proposed parenting schedule, specifically stating the legal and physical custody, parenting time and visitation requested for all parties. If not already in the file, it must include the facts required by Idaho Code § 32-11-209 — the UCCJEA declaration of where the child has lived and what other proceedings exist. Then five specifics:

• each child's name and date of birth;
• the nature and extent of any special needs;
• how the parents are currently caring for the child — and, if they live separately, how they cared for the child both before and after separation;
• each parent's current work schedule; and
• any circumstances known to the moving party that would subject the child to a risk of neglect or abuse in either parent's custody, including substance abuse or dependence, and domestic violence.

Money

A request for temporary child support requires a completed Affidavit Verifying Income and Child Support Worksheet under the Rule 120 guidelines. Every motion for temporary support, maintenance or fees must state the specific amount requested. A motion to exclude a party from a residence, divide community property, or order payment of debt must state the specific relief, including the proposed division and each party's responsibility for debts and expenses.

Plus, to the best of the moving party's knowledge: each party's employer; each party's gross and net monthly income, supported by an accurate photocopy of the moving party's most recent pay stub; an itemization of each party's reasonable monthly living expenses; and, where those expenses exceed combined net income, the identity and fair market value of every community asset available to sell or borrow against.

Responding, and the limits

A response must be by affidavit containing the same information required of the motion. It may only answer the relief sought — it may not raise a new claim. A party wanting different relief must file its own motion.

No verified motion or affidavit may exceed 20 pages including attachments, with the Affidavit of Income and Child Support Worksheet excluded from the count. Nonparty affidavits are limited to 4 per party, under the same page limit. The moving party's reply affidavit is capped at 3 pages and due 2 days before the hearing.

Not a judgment

A temporary order under Idaho Code §§ 32-704 and 32-717 is not a judgment. It need not comply with Rule 802 and cannot be certified as final — so it is not independently appealable under Rule 813 as a judgment would be.