Kelley v. Kelley

Opinion

COLEMAN, J.

In this appeal, we affirm the trial court’s holding that a provision in a property settlement agreement violated public policy and was, thus, unenforceable. The covenant in the agreement which violated public policy required the wife, in exchange for the husband’s equity in their house, to reimburse the husband for any court ordered child support payments he would make.

David Allen Kelley appeals the decision of the Circuit Court of the City of Roanoke denying his motion to enforce the child support reimbursement provision contained in the court-approved property settlement…