Fill and Sign the Report of Special Master Mississippi Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CIVIL ACTION NO.             DEFENDANT REPORT OF SPECIAL MASTER THIS CAUSE HAVING COME ON TO BE HEARD on the       day of       ,       before the undersigned sitting as Special Master pursuant to order of the Chancery Court of       County, Mississippi entered in this cause on             ,       upon Motion to Modify Temporary Judgment and Motion for Contempt as filed herein by the Defendant,       and further upon Answer to Motion to Modify Temporary Judgment and Motion for Contempt and Counterclaim as filed herein by the Plaintiff,       , and on said date the parties came and appeared, each being represented herein by their respective attorneys of record, and the undersigned heard evidence and testimony and argument of counsel with respect to the respective motions of the parties and the hearing was thereupon concluded. The following are the findings and conclusions of the Special Master. STATEMENT OF FACTS The undersigned hereby adopts the Statement of Facts as contained and set forth in the previous Report of Special Master as filed in this cause on             ,       , except as may be specifically addressed herein below. Since the date of the most recent temporary hearing in this cause the husband/wife has become gainfully employed with       in       , Mississippi. Husband/Wife currently enjoys a gross monthly income of approximately $       , with a net monthly income of approximately $       after deduction of State, Federal and Social Security taxes. The parties have continued to share the use and possession of the matters involving visitation by Husband/Wife with the children. Husband/Wife is desirous of moving his/her residence to       , Mississippi for the stated purpose of being closer to his/her place of employment. While the travel distance between       and       and       and       is not significantly different, such a move would require the minor children to change schools, teachers, activities and friends in the middle of an academic year in the event their temporary custody is placed with the Husband/Wife as he/she requests. In accord with the Temporary Order, Husband/Wife has continued to pay all monthly living expenses of the parties both directly and via a $       per month support payment to the Husband/Wife and children. Husband/Wife is current in this regard. In addition, Husband/Wife has incurred a $       indebtedness with       for the purchase of a       for personal and work related use since the date of the temporary hearing in this cause. CONCLUSIONS Husband/Wife should not be held in contempt as a result of his/her failure to provide adequate supplies of food and toiletries for the household as alleged by Husband/Wife d. What is adequate for one may be inadequate for the other and given the subjective nature of the duty it cannot be found from the evidence that Husband/Wife has exhibited a willful and wanton disregard for the temporary order previously entered herein. The motion for contempt as filed by Husband/Wife should be dismissed, with prejudice, and no attorney fees or costs should be awarded to either party in association therewith. With regard to the respective requests of the parties concerning a modification of the terms and provisions of the Temporary Order previously entered herein it is the opinion of the undersigned that certain material and substantial changes in circumstances have occurred which would require the entry of an order modifying the said Temporary Order. The previous       by the fact that Husband/Wife             ,       should now be modified. It is the opinion of the Special Master that it would not be in the best interest of the minor children to remove them from their current educational setting during an academic year when considering their grade level and the stated reason for the move. Said children should continue to reside at their home within the       County School District. Subject to Proper objection of Husband/Wife to this report, it is the opinion of the Special Master that Husband/Wife should be granted the temporary and exclusive use, possession and occupancy of the former marital domicile of the parties and that Husband/Wife should be vested with the temporary and exclusive care, custody and control of the minor children of the parties pending a final hearing on the merits in this cause. Commencing             ,       , Husband/Wife should be responsible for one - half (½) of the monthly house note owing against said residence and should be responsible for all utilities, water and telephone bills. Utilities, water and telephone bills for the month of       ,       should be shared and paid equally by the parties. In addition to payment of one - half of the monthly house note of the parties, commencing             ,       , Husband/Wife shall begin paying unto Husband/Wife the sum of $       per month as child support for the support, benefit and maintenance of the minor children of the parties. Said sum shall be due by Husband/Wife unto Husband/Wife , one - half on the first and one - half on the fifteenth day of each month commencing             ,       and continuing to be due and payable thereafter in a like manner and amount until a final hearing on the merits. Husband/Wife should continue to make at least minimum monthly payments on the two Visa accounts, to       , on his/her student loan and to       . Husband/Wife should continue to maintain current health and life insurance policies for the benefit of the minor children, with Husband/Wife and Husband/Wife each being responsible for payment of one - half of all minor children on an every - other weekend basis from       a.m./p.m. on       until       a.m./p.m. on the immediately succeeding Sunday commencing             ,       . In the event the             ,       date conflicts with Husband/Wife 's National Guard duties, then in such event Husband/Wife 's regular weekend visitation schedule shall commence on             ,       at       In addition, Husband/Wife shall be entitled to conduct visitation with the minor children of the parties at any and all other reasonable times as may be agreeable between the parties. In addition, Husband/Wife should be allowed to speak with the minor children by telephone at least one week night per week for fifteen minutes, minimum, between the hours of       a.m./p.m. and       a.m./p.m. Husband/Wife shall be responsible for picking up the minor children for purposes of conducting visitation at the home of Husband/Wife and returning said children to the home of Husband/Wife on the, days and times as specified. Said children should be prepared to be picked up by Husband/Wife on the dates and times specified with adequate amounts of clothing for each sufficient for the length of any such visitation period. It is further the opinion of the Special Master that each party should be enjoined from harassing one another by telephone or otherwise and each should refrain from any heated discussions concerning the subject matter of this litigation, whether in the presence of or out of the presence of the minor children. Neither party should be awarded an attorney's fee or costs in association with the respective motions for modification of the parties except as may be deemed appropriate by the Court upon a final hearing on the merits in this cause. All other or further provisions of the Temporary Order previously entered in this cause on             ,       which are not inconsistent with the terms and provisions of this report should be and remain in full force and effect. This the       day of       ,       .