D.A.A (Nee B) v J.K.A
| Jurisdiction | Bahamas |
| Judge | C.V.H. Strachan, J |
| Judgment Date | 06 December 2023 |
| Docket Number | 2022 FAM/div/00322 |
| Court | Supreme Court (Bahamas) |
The Honourable Madam Justice C.V. Hope Strachan
2022 FAM/div/00322
IN THE SUPREME COURT
Family Division
Family law — Application for Ancillary Relief — Maintenance for minor children — Amount of maintenance — Considerations in granting maintenance
Monique Gomez for the Petitioner
Ellsworth Johnson for the Respondent
;
The Petitioner, D.A. and the Respondent, J.A were married on 19 th December 2014. There are two children of the marriage namely, K.M.A born 30 th November 2010 (13 years old) and K.D.V.A born 8 th August 2019 (4 years old). A Decree Nisi was granted on 8 th March 2023, on the ground that since the celebration of the marriage the Respondent had treated the Petitioner with cruelty.
On 18 th October 2023, the Petitioner filed a Notice of Intention to Proceed with Application for Ancillary Relief. This Notice was supported by an Affidavit of Means filed on the same date. The Petitioner sought the following relief in her application:
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(a) That there be joint custody of the child of the marriage with liberal access to the Respondent;
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(b) That the Respondent will pay a reasonable sum towards the maintenance of the children of the marriage; and
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(c) That the Court make a declaration pursuant to Section 73 (1) (b) (i) of the Matrimonial Causes Act that it is satisfied that arrangements for the welfare of the children of the marriage has been made and are satisfactory or are the best that can be devised in the circumstances.
Furthermore, the Petitioner's Affidavit of Means filed on 18 th October 2023, states:
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2. That I am a Registered Nurse and am employed with the Public Hospitals Authority.
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3. That the Respondent is a Beach Attendant at BahaMar and I am not aware of his salary.
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4. That there are two children of the marriage, namely; K.M.A. and K.D.V.A..
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5. That the Petitioner earns a monthly salary of approximately Two Thousand Five Hundred and Seventy Dollars and Eighty-three Cents ($2,570.83).
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6. That the Petitioner and the Respondent have agreed that the children of the marriage namely; K.M.A. and K.D.V.A. will continue to reside with the Petitioner.
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7. That since the Decree Nisi the Respondent has not given to the Plaintiff $1.00 to take care of the children. He has stopped paying daycare for K.D.V.A. and has said that no Judge can order him to pay daycare when there is a government free services.
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8. The Respondent has told the Petitioner that since the children live with the Petitioner she has to provide food and clothing for them as the Petitioner is the primary parent and the Respondent can do when he can which is to provide snacks on rare occasions he is not consistent.
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9. That an estimate of the Petitioner's monthly expenses are as follows:
(i)
Loan
$
1,488.00
(ii)
School Fees
$
305.00
(iii)
Car Gas
$
200.00
(iv)
Insurance (car)
$
25.00
(v)
Health Insurance
$
120.83
(vi)
Electricity
$
200.00
(vii)
Telephone
$
30.00
(viii)
Food
$
250.00
(ix)
Clothing/toiletries
$
150.00
Total
$
2,768.83
The Respondent filed an Affidavit of Means on 6th December 2023. In the Affidavit, he states:
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(2) I was married to D. A. A. (nee B), the Respondent herein on the 19 th day of December, A.D., 2014.
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(3) The Decree Nisi was granted herein on the 8 th day of March, A.D., 2014.
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(4) I am employed as a Beach Attendant / Lifeguard/ Waiter at Baha Mar Resorts, Nassau, N.P., The Bahamas, and my average monthly salary is One Thousand two hundred dollars sixty-two dollars and forty cents ($1,262.40). A copy of a recent pay slip is attached hereto marked as Exhibit “JKA-1”.
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(5) There are two (2) children of the marriage namely:-
a). K.M.A. (f) born on the 30 th day of November, A.D., 2010
b). K.D.V.A. (f) born on the 8 th day of August, A.D., 2019,
c). That the Petitioner is a Registered Nurse with the Public Hospital Authority, and she also works with Sandals Emerald Bay Resort as a Registered Nurse. I am uncertain of the Petitioner's total monthly income.
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(6) That I have the following monthly expenses:-
Car Loan (Commonwealth Bank)
$
80.00
Scotiabank (Credit Card)
$
183.00
Scotiabank Loan
$
156.00
BPL
$
140.00
Cable Bahamas
$
90.00
WSC ($ 1,200.00 p.a.)
$
100.00
Dental Plan & Vision
$
37.00
Family Guardian Insurance
$
20.00
Grooming
$
180.00
Groceries
$
200.00
Total
$
1,286.00
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(7) Save and except the aforementioned I have no other source of income.
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(8) Please find attached hereto marked and Exhibit “TVND 2” copies of my bill receipt outlined above.
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(9) The Petitioner and I do not own any real property in The Bahamas or anywhere else
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(10) lam the joint owner of a Nissan Note.
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(11) The Respondent also sought the following Order at Paragraph 11:
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(a) The Petitioner and the Respondent shall have joint custody of the children of the marriage namely K.M.A. (f) born on the 30 th day of November, A.D., 2010 and K.D.V.A. (f) born on the 8 th day of August, A.D., 2019 with care and control of the minor children of the marriage to the Petitioner and liberal access to the Respondent;
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(b) The Respondent have access to the children of the marriage every other weekend from Friday at 3:00pm to Sunday at 6:00pm when the children shall be returned to the Petitioner for school;
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(c) The children of the marriage shall alternate all school and public holidays and with the Petitioner and the Respondent including half (1/2) Summer Vacation, Easter Break, Midterm Break, Christmas and New Year's Day until the children have attained 18 years of age.
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(d) The Respondent shall have access for one half of the Summer Vacation specifically that the Petitioner shall have access to the children from the 1 st of July to the 31 st July, until the children of the marriage shall have attained the age of 18 years of age;
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(e) The Petitioner and the Respondent shall have equal access to the children of the marriage during the Easter break commencing with the Respondent having access for the first week and the Petitioner having access for the second and there after alternating weeks;
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(f) The Respondent shall have access to the children of the marriage on Christmas Eve from 9:00am until 3:00pm on Christmas Day continuing until the children of the marriage shall have attained 18 years of age, with access alternating each year;
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(g) The Petitioner shall have access to the children of the marriage every New Year's Eve from 9:00am until 9:00am New Year's Day when the Respondent shall collect the children from the Petitioner's home on New Year's Day at 9:00am and there after returning the children that following day until the children of the marriage shall have attained that age of 18 years of age, with this access alternating each year;
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(h) The Petitioner and the Respondent shall be at liberty to travel with the children of the marriage. The travel expenses for the children shall be paid by the accompanying parent and where there is no parent accompanying the children, the Petitioner and the Respondent hall share equally all travel expenses which are agreed as between the parties until the children have attained 18 years of age;
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(i) The Petitioner and the Respondent shall make each other aware of intended travel with the children of the marriage no less than seven (7) days before travel and shall provide each other with a travel itinerary including but not less than two (2) days before travel;
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(j) The Petitioner shall provide the Respondent with the children of the marriage's passports to facilitate travel and the Respondent shall return the said passports to the Petitioner when the Respondent return the said children to the Petitioner;
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(k) The children of the marriage shall spend Father's Day and the Respondent's birthday with the Respondent and Mother's Day and the Petitioner's birthday with the Petitioner;
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(l) The Petitioner and the Respondent shall share equal access to the children of the marriage on their birthdays until they have attained the age of 18 years;
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(m)The Respondent shall have access to the children of the marriage at any other time to be agreed by the parties;
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(m) The Respondent is to pay to the Petitioner that sum of Two Hundred fifty dollars ($250.00) per month per child for the maintenance of the said children until the last child shall attain the age of 18 years or they complete tertiary education, whichever obtains;
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(o) The Petitioner and the Respondent shall share equally, the educational expenses of the children of the marriage including but not limited to tuition, extracurricular activities, examination registration, uniforms, books, school shoes and school supplies until the said children attains the age of 18 years or they complete tertiary education, whichever obtains provided that the children of the marriage attend public school;
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(p) The Petitioner and the Respondent shall share equally the medical, dental and optical expenses of the said children until they attain the age of 18 years or they complete tertiary education, whichever obtains;
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(q) All payments are to be made into a designated account;
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(r) Each Party shall bear their own cost of and occasioned by this action;
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(s) There be liberty to apply;
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(t) The court grants a Declaration pursuant to section 73(1) (b) (i) of the Matrimonial Causes Act, Chapter 12 that the only children of the family to whom this section applies are K.M.A. (f) born on the 30 th day of November, A.D., 2010 and K.D.V.A. (f) born on the 8 th day of August, A.D., 2019 and that arrangements have been made for the welfare of the said children and are satisfactory.
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On 6 th...
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