Faircloth v. Faircloth

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 prior to our holding in Varn v. Varn, 242 Ga. 309 (248 SE2d 667) (1978). The controlling phrase in the agreement provides that the…