Frank Rish, Sr. v. Kathy Rish

Syllabus

In this case we address the court of appeals' holding that an approved agreement that alimony is \nonmodifiable\ deprives the family court of subject matter jurisdiction to consider amending the alimony award. We hold the family court always has subject matter jurisdiction to consider modifying alimony, even if it does not have the power to modify a particular \nonmodifiable\ award. In this case, the alimony recipient's decision not to challenge a prior order reducing her alimony by asserting the nonmodifiable language in the divorce decree forfeited her right to enforce the nonmodifiable provision on a subsequent request to terminate alimony. We reverse the court of appeals and reinstate the family court's order terminating alimony.