Keller v. Keller, No. 45610

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtGILLESPIE
Citation230 So.2d 808
PartiesMable Lee Lefler KELLER v. Roy John KELLER.
Docket NumberNo. 45610
Decision Date26 January 1970

Page 808

230 So.2d 808
Mable Lee Lefler KELLER
v.
Roy John KELLER.
No. 45610.
Supreme Court of Mississippi.
Jan. 26, 1970.

Barnett & Barnett, Jackson, for appellant.

Lipscomb, Barksdale, Steen & Caraway, Jimmie B. Reynolds, Jr., Jackson, for appellee.

GILLESPIE, Presiding Justice:

Roy John Keller, appellee (hereinafter Keller), was granted a divorce on April 26, 1965, from Mable Lee Lefler Keller, appellant (hereinafter Mrs. Keller). The decree provided the following: awarded Mrs. Keller $250 per month alimony during widowhood; ordered Keller to maintain a $50,000 life insurance policy wherein Keller was the insured and Mrs. Keller the beneficiary; required Keller to provide Mrs. Keller with medical insurance; ordered Keller to pay Mrs. Keller the sum of $1,000 in cash within ten days from the decree; and further provided '* * * that hereafter, out of each annual bonus that (Keller) may receive from his employer, over and above his regular income, (Keller) shall pay to (Mrs. Keller) the sum of $600 per year or 50% of the bonus money received for the year, whichever is the lesser.'

On December 11, 1968, Keller filed a petition for modification of alimony payments and for general relief on the ground that there had been a material change in

Page 809

circumstances which affected his ability to comply with the provisions of the decree. The proof showed that on the date of the divorce decree Keller was the Field Sales Manager for Allstate Insurance Company in Jackson, Mississippi, and that in June 1965 he was transferred to New Orleans to become District Sales Manager. According to Keller this transfer was a demotion since the latter position offered little opportunity for advancement. Keller's income was $16,033 in 1965, $16,468 in 1966, $15,741 in 1967, and $16,305 in 1968. In addition to the $250 per month alimony payments, Keller expended the annual sum of $1,461 to maintain the life insurance policy and $177.40 for Mrs. Keller's health insurance. When the divorce decree was granted Keller had a $6,700 credit in a profit sharing program with his employer, and this had increased to $19,140 in 1968. However, the proceeds of the fund are unavailable to Keller until he reaches sixty-five years of age. In 1965 Keller obtained a bank loan in the amount of $12,000, repayable at $165 per month. Thereafter he borrowed an additional $2,400. At the time of the modification hearing, Keller was repaying both of these debts. Keller testified that he...

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4 practice notes
  • Marriage of Stamp, In re, No. 63657
    • United States
    • United States State Supreme Court of Iowa
    • December 17, 1980
    ...44, 45-46, 123 N.E.2d 114, 114-15 (1954); Condy v. Condy, 328 Ill.App. 8, 12-15, 65 N.E.2d 219, 221-22 (1946); Keller v. Keller, 230 So.2d 808, 810 (Miss.1970); In re Marriage of Mahalingam, 21 Wash.App. 228, 234, 584 P.2d 971, 976 (1978) ("We believe in these times of economic uncertainty ......
  • Tedford v. Dempsey, No. 53871
    • United States
    • United States State Supreme Court of Mississippi
    • September 14, 1983
    ...On the other hand, slight changes in income or expenses do not constitute a "material change in circumstances". See Keller v. Keller, 230 So.2d 808 (Miss.1970). Under the facts and the law, an order for increased child support was appropriate here. Even if it be presumed that the chancellor......
  • Taylor v. Taylor, No. 52031
    • United States
    • United States State Supreme Court of Mississippi
    • January 21, 1981
    ...upon proof of material changes in circumstances subsequent to entry of the decree because of public policy. See Keller v. Keller, 230 So.2d 808 (Miss.1970); and Hughes v. Hughes, 221 Miss. 264, 72 So.2d 677 (1954), wherein the court approved that stated in Bunkley & Morse's Amis, Divorce an......
  • Bracey v. Bracey, No. 53268
    • United States
    • United States State Supreme Court of Mississippi
    • February 3, 1982
    ...a slight decrease or increase in income has been held insufficient to constitute a material change in circumstances. In Keller v. Keller, 230 So.2d 808 (Miss.1970), this Court Mrs. Keller contends that no evidence of a material change in circumstances was presented that would justify a redu......
4 cases
  • Marriage of Stamp, In re, No. 63657
    • United States
    • United States State Supreme Court of Iowa
    • December 17, 1980
    ...44, 45-46, 123 N.E.2d 114, 114-15 (1954); Condy v. Condy, 328 Ill.App. 8, 12-15, 65 N.E.2d 219, 221-22 (1946); Keller v. Keller, 230 So.2d 808, 810 (Miss.1970); In re Marriage of Mahalingam, 21 Wash.App. 228, 234, 584 P.2d 971, 976 (1978) ("We believe in these times of economic uncertainty ......
  • Tedford v. Dempsey, No. 53871
    • United States
    • United States State Supreme Court of Mississippi
    • September 14, 1983
    ...On the other hand, slight changes in income or expenses do not constitute a "material change in circumstances". See Keller v. Keller, 230 So.2d 808 (Miss.1970). Under the facts and the law, an order for increased child support was appropriate here. Even if it be presumed that the chancellor......
  • Taylor v. Taylor, No. 52031
    • United States
    • United States State Supreme Court of Mississippi
    • January 21, 1981
    ...upon proof of material changes in circumstances subsequent to entry of the decree because of public policy. See Keller v. Keller, 230 So.2d 808 (Miss.1970); and Hughes v. Hughes, 221 Miss. 264, 72 So.2d 677 (1954), wherein the court approved that stated in Bunkley & Morse's Amis, Divorce an......
  • Bracey v. Bracey, No. 53268
    • United States
    • United States State Supreme Court of Mississippi
    • February 3, 1982
    ...a slight decrease or increase in income has been held insufficient to constitute a material change in circumstances. In Keller v. Keller, 230 So.2d 808 (Miss.1970), this Court Mrs. Keller contends that no evidence of a material change in circumstances was presented that would justify a redu......

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