Fill and Sign the Second Report of Special Master Mississippi Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF VERSUS CIVIL ACTION NO.             DEFENDANT REPORT OF SPECIAL MASTER THE PLAINTIFF and husband/wife ,       , filed his/her Complaint for Divorce in this cause on             ,       against the Defendant and husband/wife ,       . Subsequently and on this       day of       ,       Wife filed his/her Amended Complaint for Divorce and therein alleged urgent and necessitous circumstances in this cause and prayed for a temporary hearing regarding various matters as set forth in the amended complaint. On             , Defendant husband/wife did file his/her Answer to Amended Complaint and Counter - Claim for Divorce. Husband/Wife has also alleged dire and necessitous circumstances and has requested a temporary hearing regarding various matters as set forth in his/her counter - claim for divorce. On             ,       a temporary hearing was conducted before the undersigned sitting as Special Master per order of the Chancery Court of       County, Mississippi. The following are the findings and conclusions of the Special Master. STATEMENT OF FACTS The parties were united in marriage on             ,       in       County, Mississippi. Of this marriage       children were born, namely,       , a male/female child born             ,       and       , a male/female child born             ,       . The parties separated on or about             ,       in       County, Mississippi, however, both parties continue to reside in a state of separation at the marital domicile of the parties located at       ,       ,       County, Mississippi       .       on             ,       and is currently seeking gainful employment. Since the separation of the parties they have continued to reside, with the minor children, at the marital domicile. husband/wife has spent approximately       nights per week with a friend,' with husband/wife normally vacating the premises on weekends. Various confrontations have occurred between the parties during the aforesaid period of time, both verbal and physical, some of which having occurred in the presence of the minor children. Monthly living expenses paid from husband/wife 's earnings for the entire family currently average approximately $       per month. In addition, there is various credit card indebtedness, which are also paid on a monthly basis by husband/wife . CONCLUSIONS As always, the primary consideration and concern must be for the best interests and welfare of the minor children of the parties who are each of a highly impressionable age. It is the opinion of the Special Master that it is not in the best interests of the children for the parties to continue to reside together during the course of this litigation and in the presence of the children. Both parties appear equally capable and fit to meet the daily needs of the children on a temporary basis. When considering the necessary monthly living expenses of the parties, and the monthly income available to meet such expenses it is apparent that financially two separate households cannot be maintained at this time. In addition, the best interests of the minor children would be served by allowing them the stability of continuing to live in their home on a regular basis. For the past several weeks the parties have shared the use of the marital domicile on an informal basis, with the Husband/Wife spending approximately       evenings and nights away from the home and with Husband/Wife spending approximately       evenings and nights away from the home. The             until       a.m./p.m. on       . In addition, Husband/Wife should be allowed the use of the home during the days on       ,       and       from the time Husband/Wife leaves for work on such days until the time Husband/Wife returns. The minor children shall continue to reside at the home of the parties on a full - time basis and the temporary care; custody and control of the minor children should be shared between the parties in accord with the above schedule. Husband/Wife should be entitled to conduct visitation with the minor children on the       weekend of each month from       a.m./p.m. on       until       a.m./p.m. on       . In the event Husband/Wife 's required national guard training schedule conflicts with the weekend visitation schedule set forth above, the next available weekend shall be substituted for purposes of weekend visitation by the minor children with Husband/Wife . Husband/Wife shall continue to be responsible for payment of all mortgage, electricity, natural gas, water, telephone and insurance expenses of the parties, including expenses associated with Husband/Wife 's current health and hospitalization insurance policies for the benefit of Husband/Wife and the minor children. Husband/Wife shall also continue to maintain his current life insurance policies unchanged, and Husband/Wife shall continue to make at least minimum monthly payments upon all credit card accounts of the parties. In addition, Husband/Wife should pay unto Husband/Wife the sum of $       per month for the temporary support and maintenance of Husband/Wife and the minor children of the parties. Said funds shall first be utilized by Husband/Wife in providing adequate and sufficient supplies of food and toiletries for the home on a weekly basis for the benefit of Husband/Wife , Husband/Wife and the minor children, with any remaining sums to be utilized by Husband/Wife for the purchase of Husband/Wife 's personal gasoline and in meeting miscellaneous expenses of Husband/Wife and the minor children while in his/her care, custody and control. Said sum shall be due and payable by Husband/Wife unto Husband/Wife , one - half (½) on the 1st and one - half on       It is the opinion of the Special Master that no temporary attorney fees, costs or suit money should be awarded at this time but that consideration of the same should be held in abeyance pending a final hearing on the merits. THIS REPORT MADE AND SUBMITTED on this the       day of       ,       . APPROVED AND ADOPTED BY THE COURT on this the       day of       ,