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Kelley v. Kelley

Citations

  • 477 S.E.2d 727
  • 324 S.C. 481
  • 1996 S.C. App. LEXIS 156

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting courts should consider the parties’ good-faith and reasonable explanation for the decreased income in determining whether to impute income to the party
  • stating an abuse of discretion occurs when the court’s decision is controlled by some error of law or where the factual findings are without evidentiary support
  • affirming a finding of voluntary underemployment despite evidence that husband acted in good faith in leaving job as an accountant and later working as a delivery manager of telephone directories
  • Where actual income versus earning capacity is at issue, courts are to closely examine the payor’s good-faith and reasonable explanation for the decreased income.
  • “[V]oluntary changes in employment which impact a payor spouse’s ability to pay alimony are to be closely scrutinized.”
  • court should determine whether decreased income was a result of good faith and reasonable efforts of the obligor; however, even otherwise unreviewable career choices are at times outweighed by countervailing considerations

Source: CourtListener parenthetical corpus (CC0).

Judges: Howell, Stilwell, Hearn

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.