Steven Davis v. Bridget Davis (2011)

MEMORANDUM OF DECISION

A review of the record reveals that the parties, having recently filed for divorce are the parents of one child who is 11 years old.   The husband, on active duty in the Navy, vacated the marital (military) residence and is temporarily living aboard his ship with few expenses.   The wife, living in the marital residence, takes home a modest $336 per week with weekly expenses of $653 per week which the court finds to be reasonable and necessary.   The parties appeared before the undersigned, with counsel on February 22, 2011.

The parties stipulated and agreed that they would have joint legal custody of the minor child with primary residence in the mother and reasonable rights of visitation, with 72 hours notice to the father.

The parties disagreed as to alimony and child support and how to treat the husband's housing allowance (BAH) in the amount of $411 per week.

The court finds that temporarily, at this early juncture, the husband's living aboard ship and taking his meals on base requires very little in the way of living expenses.   The court finds that the wife's stated living expenses of $653 per week are reasonable and necessary and with her take-home pay of $336 per week, she has a weekly shortfall of $317 per week.   The court finds that whether one allocates the BAH to the husband or to the wife is more or less academic.   What is most important is that the family bills are paid and that there is a fair allocation of the family income for the temporary time.   Clearly, there will come a time when the husband elects to move off of the ship and into more permanent housing.

ORDERS

1.  The parties will enjoy joint legal custody of the minor child with primary residence with the wife.

2. The husband will have reasonable rights of visitation as determined by the parties with reasonable notice defined as 72 hours.

3. The husband shall obtain his own cell phone account and cancel or permit the wife to cancel his service on her account within 5 days which she will maintain.

4. The husband shall obtain his own automobile insurance within 5 days and cancel or permit the wife to cancel coverage on his vehicle and she will maintain her own insurance.

5. The husband shall pay child support in the amount of $218 per week, the court finding that to be the presumptive child support from the child support guidelines.

6. The husband shall pay alimony in the amount of $99 per week, the court finding that of his $985 per week, net take-home pay, he still has sufficient disposable income for his discretionary expenses.

Shluger, J.

Shluger, Kenneth L., J.