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Kelley v. Kelley

Supreme Court of Virginia
449 S.E.2d 55 (Va. 1994)


Facts

David Kelley (defendant) and Marilyn Kelley (plaintiff) entered into a divorce settlement agreement providing that David would never have to pay child support for the Kelleys’ children. The agreement further provided that Marilyn would never file a petition for child support and that, if a court ever ordered David to pay child support, Marilyn would reimburse David for any amounts paid and would indemnify David against any amounts that he was required to pay. The Circuit Court of the City of Roanoke entered a divorce decree that ratified and incorporated by reference the settlement agreement. Approximately six years later, Marilyn filed a petition for child support. David filed a motion pursuant to the settlement agreement for an order requiring Marilyn to reimburse David for any support amount ordered. The circuit court found that the reimbursement and indemnification clauses in the settlement agreement were null and void. The circuit court awarded Marilyn child support and denied David’s motion for reimbursement. The court of appeals reversed. Marilyn appealed.

Rule of Law

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Issue

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Holding and Reasoning (Stephenson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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