The opinion
Once incorporated into a final judgment of divorce, the husband and wife's settlement agreement loses its character as an independent settlement agreement and becomes part of the judgment. Ex parte Carstens , 728 So.2d 128 , 134 (Ala. 1998). With respect to its own judgment of divorce, a trial court has the discretion to make prospective modifications of support obligations when there has been a material change in circumstances that is substantial and continuing. Wells v. Wells , 648 So.2d 617 , 619 (Ala.Civ.App. 1994); State ex rel. Pritchett v. Pritchett , 771 So.2d 1048 , 1051 (Ala.Civ.App. 2000). That does not appear to have been what occurred in this case; rather, the trial court made it clear that it *Page 848
was "clarifying" terms of the parties' settlement agreement that it previously had concluded were unambiguous. For this reason, and also based on the facts of this case, I concur.