Nelson v. Mixon

In my opinion, the majority has misapplied Varn v. Varn, 242 Ga. 309 (248 SE2d 667) (1978) and its progeny in concluding that appellee herein did not waive his right to seek modification under OCGA § 19-6-19 of his obligation to pay alimony for the support of his minor children.

In this case, the agreement provided as follows: “The parties expressly waive their right to petition for any modification of any of the terms of this agreement.” (Emphasis supplied.) The majority correctly concludes that while the child’s right to seek increases in the amount of alimony to be paid for child support…