Court of Appeals of South Carolina· 10/21/1996
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 spouses 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 CourtListenerCited by
29 cases in this archive cite this case; the 20 most cited are listed.
- Spreeuw v. BarkerCourt of Appeals of South Carolina· 2009-07-29· cited 62×
- Crossland v. CrosslandSupreme Court of South Carolina· 2014-07-02· cited 58×
- Pullen v. PullenCourt of Appeals of Arizona· 2009-12-24· cited 50×
- Sharps v. SharpsSupreme Court of South Carolina· 2000-08-14· cited 33×
- Butler v. ButlerCourt of Appeals of South Carolina· 2009-08-19· cited 33×
- Miles v. MilesCourt of Appeals of South Carolina· 2003-08-22· cited 30×
- Townsend v. TownsendCourt of Appeals of South Carolina· 2003-09-29· cited 29×
- Gartside v. GartsideCourt of Appeals of South Carolina· 2009-04-29· cited 29×
- Arnal v. ArnalCourt of Appeals of South Carolina· 2005-02-07· cited 29×
- Smith v. SmithCourt of Appeals of South Carolina· 2009-12-09· cited 25×
- Arnal v. ArnalSupreme Court of South Carolina· 2006-10-23· cited 22×
- Mazzone v. MilesCourt of Appeals of South Carolina· 2000-06-12· cited 22×
- Engle v. EngleCourt of Appeals of South Carolina· 2000-12-11· cited 20×
- Holmes v. HolmesCourt of Appeals of South Carolina· 2012-08-15· cited 18×
- Penny v. GreenCourt of Appeals of South Carolina· 2004-03-08· cited 16×
- Marchant v. MarchantCourt of Appeals of South Carolina· 2010-09-01· cited 15×
- Fiddie v. FiddieCourt of Appeals of South Carolina· 2009-06-16· cited 12×
- Hailey v. HaileyCourt of Appeals of South Carolina· 2003-05-05· cited 12×
- Edwards v. EdwardsCourt of Appeals of South Carolina· 2009-06-17· cited 10×
- Serowski v. SerowskiCourt of Appeals of South Carolina· 2009-01-12· cited 10×
Cites
20 cases in this archive are cited by this case.
- Skinner v. KingSupreme Court of South Carolina· 1979-03-05· cited 53×
- Calvert v. CalvertCourt of Appeals of South Carolina· 1985-11-14· cited 38×
- Darden v. WithamSupreme Court of South Carolina· 1972-05-11· cited 27×
- McKnight v. McKnightCourt of Appeals of South Carolina· 1984-12-13· cited 23×
- Bannen v. BannenCourt of Appeals of South Carolina· 1985-06-04· cited 22×
- O'Neill v. O'NeillCourt of Appeals of South Carolina· 1987-07-20· cited 20×
- Fisher v. FisherCourt of Appeals of South Carolina· 1995-08-07· cited 20×
- Cartee v. CarteeCourt of Appeals of South Carolina· 1988-02-22· cited 19×
- Brown v. BrownSupreme Court of South Carolina· 1982-05-19· cited 18×
- Camp v. CampSupreme Court of South Carolina· 1977-08-03· cited 18×
- Clark v. Greenville CountySupreme Court of South Carolina· 1993-11-08· cited 16×
- Walker v. FrericksCourt of Appeals of South Carolina· 1987-03-23· cited 10×
- Kielar v. KielarCourt of Appeals of South Carolina· 1993-04-19· cited 10×
- Baker v. BakerCourt of Appeals of South Carolina· 1985-06-20· cited 10×
- Bramlett v. DavisCourt of Appeals of South Carolina· 1986-05-19· cited 8×
- Boney v. BoneyCourt of Appeals of South Carolina· 1986-08-04· cited 7×
- White v. WhiteCourt of Appeals of South Carolina· 1986-12-15· cited 5×
- Vestal v. VestalCourt of Appeals of South Carolina· 1988-12-15· cited 3×
- Pirkle v. PirkleCourt of Appeals of South Carolina· 1990-12-19· cited 3×
- Moultrie v. RangerSupreme Court of South Carolina· 1982-05-24· cited 1×
Sourced from CourtListener / Free Law Project (CC0).
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