Robert Naar sought to reduce alimony after retiring at age eighty-eight and living on a fixed income. His divorce agreement contained a waiver of any upward or downward modification based on a change in income or financial status. The trial court dismissed his petition under that waiver and awarded his former wife attorney fees for pursuing a legally foreclosed claim. The Court of Appeals affirmed the dismissal but reversed the fee award. It held that the waiver remained enforceable under Georgia precedent, so Naar could not obtain modification through the petition. But bringing an unsuccessful challenge to existing law did not by itself make the litigation substantially frivolous, groundless, or vexatious under the fee statute. The court recognized that a party cannot change precedent without presenting the issue in a case, even when the trial court is bound to reject the argument. The mixed ruling preserved the contractual alimony waiver while protecting a good-faith attempt to ask whether public policy or exceptional circumstances warranted a change in Georgia law.