How does SC determine a Spouse’s Income? How does SC Determine Alimony?

In a recent South Carolina case, Burgess v. Burgess, the Court of Appeals case addressed multiple issues, most notably the family court’s award of alimony to the wife based in large measure to the court’s imputing an annual income to the husband of $100,000.  The Court of Appeals reversed on this issue, finding that the family court failed to take into consideration the “…prevailing job opportunities and earning levels in the community” (“Here, as in Sanderson, the family court failed to address the necessary factors delineated by the Guidelines concerning the prevailing job opportunities and earning levels in the community.  Because the family court failed to address all of the factors required by the Guidelines, and because there is nothing in the record to suggest how the family court arrived at the annual income figure of $100,000 to be imputed to Husband, we remand the issue of Husband’s imputed income to the family court pursuant to Sanderson for reconsideration based upon the factors set forth in the Guidelines”).  The award of alimony and attorney’s fees was also remanded. Read the entire case here.

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