Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kelly v. Kelly

Supreme Court of Arkansas

February 25, 2016

OWEN KELLY, APPELLANT
v.
MANDY KELLY, APPELLEE

          APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT. NO. DR 2013-2217-7. HONORABLE JOANNA TAYLOR, JUDGE.

          COURT OF APPEALS OPINION VACATED; REMANDED TO THE COURT OF APPEALS FOR RECONSIDERATION.

         Everett, Wales & Comstock, by: John C. Everett; and Smith, Cohen & Horan, PLC, by: Matthew T. Horan, for appellant.

         Clark Law Firm, PLLC, by: Suzanne G. Clark, for appellee.

         HOWARD W. BRILL, Chief justice. Special Justices DANIEL GREENBERG and CHAD ATWELL join. DANIELSON and GOODSON, JJ., not participating.

          OPINION

          HOWARD W. BRILL, Chief justice

         Appellant Owen Kelly appeals an order of the Washington County Circuit Court awarding alimony in two automatic escalations to appellee Mandy Kelly. For reversal, Owen argues that the circuit court abused its discretion by ordering alimony in this manner. We vacate the opinion of the court of appeals and remand the appeal for further consideration.

         Owen Kelly and Mandy Kelly married in April 1994. The parties have two children, a daughter born in November 1999, and a son born in October 2002. In June 2013, the Kellys separated and divorced by a decree entered on April 24, 2014. The circuit court awarded Mandy primary custody

Page 297

of the children and ordered Owen to pay $7,528 a month in child support beginning April 1, 2014. The circuit court ruled that Mandy's monthly expenses totaled $16,659. The circuit court then subtracted the $7,528 award in child support from $16,659 and ordered Owen to pay $9,131 in alimony to begin April 1, 2014. The circuit court further stated as follows:

[I]f [Owen's] child support obligation is subsequently reduced to $5,366.00 per month when he is no longer obligated to pay child support for [the parties' daughter], his alimony obligation to [Mandy] shall increase to $11,293.00 per month, which is calculated as deducting $5,366.00 in child support from the monthly need of $16,659.00. Finally, when [Owen] no longer has a child support obligation for either of the minor children his monthly alimony obligation to [Mandy) shall then be $16,659.00 per month.

         Additionally, with regard to the marital home, the circuit court ruled,

The court was requested to make disposition of the following marital assets and divides the property as follows:
A. The former marital residence . . . shall be reduced to tenants in common and continued to be offered for sale under the current listing agreement until July 15, 2014. If the home sells during this listing period, the parties shall each receive one-half of any net proceeds realized after payment of the outstanding mortgages, commissions and closing costs. If the home does not sell by July 15, 2014, then the circuit clerk of Pope County, Arkansas is appointed as Commissioner for purposes of public sale and after proper advertisement, the asset will be sold by auction on the courthouse steps. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.