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KELLEY v. STATE DEPT. OF REVENUE

2990959.

796 So.2d 1114 (2000)

Margaret A. KELLEY v. STATE DEPARTMENT OF REVENUE and Charles Kelley.

Court of Civil Appeals of Alabama.

Certiorari Denied April 27, 2001.

Attorney(s) appearing for the Case

G. Thomas Sullivan and Philip J. Motches of Vincent, Hasty, Sullivan & Elliott, P.C., Birmingham, for appellant.

Bill Pryor, atty. gen.; Susan E. Kennedy, chief counsel, Department of Revenue, and asst. atty. gen.; and Margaret Johnson McNeill, asst. counsel, Department of Revenue, and asst. atty. gen., for appellees.

Louis C. Colley and Clifford W. Cleveland of Cleveland & Colley, P.C., Prattville, for appellee Charles Kelley.

Alabama Supreme Court 1000520.

MONROE, Judge.

Margaret A. Kelley, hereinafter referred to as "the wife," and Charles Kelley, hereinafter referred to as "the husband," were divorced in 1991. They entered into an agreement, which the trial court incorporated into its divorce judgment. The judgment provided that the husband would by periodic payments pay the wife 40% of his current and future salary. The husband made these payments and deducted them as alimony...

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