Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Kelley v. Kelley

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


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


Holding and Reasoning (Stephenson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 373,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial