KELLEY V. KELLEY 449 S.E.2d 55 (1994) CASE BRIEF

KELLEY V. KELLEY

449 S.E.2d 55 (1994)

NATURE OF THE CASE: Marilyn (W), wife, sought review of a decision which overturned a ruling that held that an agreement that indemnified and reimbursed David (H), husband for his child support payments was not enforceable.

FACTS: H and W executed a property settlement agreement. The trial court entered a divorce decree which ratified, affirmed, and incorporated by reference the Agreement. In consideration of H relinquishing all of his equity in the jointly-owned marital home, H was never to be responsible for payment of child support. W agreed never to file a petition in any Court requesting that H be placed under a child support Order. If W should ever petition any Court of competent jurisdiction for support and maintenance of [the children], and should a Court grant any such child support award, agreed to pay H any amount of support that he is directed to pay to any party. H conveyed his equity in the marital home, valued at $40,000, to W. For six years, H paid nothing toward the support of his children. In late 1990, H petitioned the trial court for definite periods of visitation with his children, and W petitioned the court to require H to pay child support. H countered with a motion requesting the court to order W to reimburse him for any amount of child support he was required to pay. H was ordered to pay support and H's motion was denied. The Agreement was null and void. H appealed. The Court of Appeals, upon rehearing en banc, reversed the trial court's judgment, concluding that the trial court lacked jurisdiction to alter the terms of the Agreement or decree. W appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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