GA 19-6-18 - GA 19-6-18

Waiver of Right to Modification Statutory modification right may be waived by appropriate contract language but courts will not find language waived absent very clear waiver language. Kitfield v. Kitfield, 237 Ga. 184 , 227 S.E.2d 9 (1976). Waiver of right to modification must be in clear, unambiguous language. - As to permanent alimony, a decree cannot be modified if there is an agreement between the parties, incorporated in a decree, which waives the right of modification. However, such waiver must be clearly intended and expressed by the person so waiving. Garcia v. Garcia, 232 Ga. 869 , 209 S.E.2d 201 (1974). Waiver of right to modification of judgment which incorporated contract between parties governing property and alimony rights between them has not occurred if language does not pr...