Plumer

On September 22, 1954, plaintiff and defendant entered into an agreement “to effect a final and complete settlement of their respective property rights, support, alimony and custody of their child with reference to their marital status and to each other. ’ ’ Paragraph eight of the agreement obligates defendant to pay plaintiff $200 per month “for the support, maintenance, education, care and custody of said child until he shall reach the age of majority. . . .” Paragraph nine provides that defendant shall pay plaintiff an additional $200 per month “as alimony for her support and maintenance. ...” In paragraph twenty-three each party releases the other from all present and future claims and rights to support, separate maintenance, alimony, court costs, attorneys’ fees, and all property rights of any kind except as provided for in the agreement. Other paragraphs deal with the division of marital property, the payment of debts, future education of the child, and termination and modification of' the support provisions.

*823 On November 1, 1954, an interlocutory decree of divorce was entered in plaintiff’s favor, approving the agreement and ordering the performance of its terms. A…

I dissent.

The majority opinion is inconsistent in itself as well as *827 with prior decisions of this court. In the case at bar it is held, by the majority, that the agreement under consideration was an integrated property settlement agreement which could not be modified unless the parties had agreed to a modification. Then it is held that despite the fact that the agreement provided only one condition upon which the provisions could be modified, that defendant was entitled to a modification because his income had been reduced—a condition not mentioned in the agreement.

Paragraph 10 makes provision for the modification of the agreement as follows: “For purposes of this agreement no earnings of Wife or other income obtained by her shall be considered as a ‘changed condition’ and taken into consideration in connection with any attempt of Husband to obtain a reduction in payment for support of Wife or said child, John Daniel Plumer, except such portion of said earnings or other income as shall exceed the gross average monthly sum of Two Hundred Fifty Dollars ($250.00). ‘Average Monthly’ earnings or income shall be computed on the basis of the total earnings or income of Wife…