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Kelley v. Kelley

Supreme Court of Virginia

449 S.E.2d 55 (Va. 1994)

Relevant factsFree

David (defendant) and Marilyn Kelley (plaintiff) divorced under a settlement agreement providing David would never owe child support and that Marilyn would reimburse and indemnify him for any support a court later ordered; the divorce decree incorporated this agreement. Roughly six years later, Marilyn petitioned for child support, and David moved to enforce the reimbursement and indemnification clauses. The circuit court found those clauses null and void, awarded Marilyn support, and denied David's motion; the court of appeals reversed, and Marilyn appealed.

IssueFree

Whether parents can contract away their children's rights to support and, by agreement, preclude a court from exercising its power to decree child support.

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