Order refusing to allow husband to seek downward modification of child support pursuant to O.C.G.A. § 19-6-15 (j), reversed, as floor amount of child support provided in parties’ settlement agreement did not construe clear and express waiver of right of modification; parties’ decision not to include in their agreement well-worn waiver language set forth in Varn v. Varn, 242 Ga. 309 (1978), or its equivalent, suggested that they did not intend to forbid statutory downward modification of husband’s child support obligation, even below floor amount.

Dean v. Dean, S11A0739 (09/12/11)

Fulton County Daily Report, September 23, 2011