Jones v. Jones

HUNSTEIN, Presiding Justice.

This appeal involves the interpretation of a provision of a settlement agreement, incorporated into the divorce decree, providing for waiver of downward modification of alimony in the form of child support below a pre-determined “floor amount.” For the reasons set forth below we reverse the ruling by the trial court declaring that provision void.

Appellant Kimbro H. Jones and appellee Lee Jones divorced in August 2000. The settlement agreement provided in pertinent part that appellant would have primary physical custody of the couple’s two children and that appellee…