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Location: Lincoln, NE
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366 S.E.2d 766


258 Ga. 184


KATZ

v.
KATZ.


No. 45402.


Supreme Court of Georgia.


April 20, 1988.

[258 Ga. 186] Andrew R. Kirschner, Bedford, Kirschner, & Venker, P.C., Atlanta, for Alvin W. Katz.

Hurt, Richardson, Garner, Todd & Cadenhead, A. Paul Cadenhead, Atlanta, for Susan E. Katz.

[258 Ga. 184] GREGORY, Justice.

Alvin W. Katz, appellant, and Susan E. Katz, appellee, were divorced September 13, 1983. June 7, 1985 appellant filed a complaint seeking, inter alia, to reduce his child support obligations. On April 27, 1987 the trial court granted appellee's motion for summary judgment. We reverse.

September 12, 1983 the parties entered into an agreement which was incorporated into the final judgment and decree of divorce. The agreement provides that child support 1 is to be continued at least until[258 Ga. 185] the children reach the age of twenty-one years and contains several provisions under which support can be extended even longer. The agreement further states, "Notwithstanding any other provision of this Agreement, the amount of child support shall be subject to reasonable adjustment from time to time as may be mutually agreed upon or ordered by a court of competent jurisdiction, based upon the facts and circumstances relating to the needs of the children and the economic position of both parties."

On the date of divorce there were two minor children of the marriage. Both children have now reached majority. The issue in this case is whether the quoted provision from the agreement is sufficient to authorize a court to modify a post-majority child support obligation required by a separation agreement incorporated into a final divorce decree. We hold that it is.
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