Kelley v. Kelley

Coleman, X, with whom Koontz, X,**

joins, dissenting.

I respectfully disagree with the majority’s holding that the res judicata bar of Rule 1:1 prevents appellate review of whether the divorce decree was void and unenforceable because it violated public policy. In my view, that part of the divorce decree that incorporated the covenant from the PSA requiring Marilyn Kelley to indemnify David Kelley for all child support he was required to pay and the related covenants absolving David Kelley of his duty to support his children and the wife’s covenant not to sue him for child support are void,…