FAIRCLOTH v. FAIRCLOTH

40246.

251 Ga. 636 (1983)

308 S.E.2d 837

FAIRCLOTH v. FAIRCLOTH.

Supreme Court of Georgia.

Decided November 16, 1983.


Attorney(s) appearing for the Case

Altman & McGraw, Harry J. Altman II, Virginia Gail Lane, for appellant.

Alexander & Vann, William U. Norwood III, for appellee.


CLARKE, Justice.

We granted the wife's application to appeal an order dismissing her petition for modification of periodic alimony. The divorce judgment entered in 1971 incorporated an agreement between the parties; the trial court ruled the language in the agreement amounted to a waiver of wife's right to modify. We disagree and reverse.

Since the judgment of divorce was entered in 1971, the issue of waiver of modification rights must be decided on the law...

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