Brenizer v. Brenizer

Bell, Justice.

This is an appeal by a husband in his suit seeking a modification of alimony payments. The trial court dismissed the petition for modification on the ground that the right to modify had been waived by the written agreement between the parties which was incorporated into their final divorce decree. The portion of the agreement which the trial court was called upon to consider is as follows: “10. MODIFICATION. The provisions of this agreement shall not be modified or changed except by mutual consent and agreement of the parties, expressed in writing.” The wife contends that the…