Dismissal of appellant’s petition to register and enforce 1995 Massachusetts support order against her ex-husband in principal amount of $421,465.84, REVERSED; trial court erred in ruling that order could not be enforced because it was dormant under Georgia law; appellee’s contention that Massachusetts judgment did not constitute support order under Uniform Interstate Family Support Act (“UIFSA”) on basis that it was contempt order, AFFIRMED, since order included finding that appellee was in contempt of original judgment of divorce, but also established appellee’s arrearages for alimony and statutory interest; Massachusetts judgment was order and judgment for benefit of former spouse providing for arrearages and interest within definition of support order under O.C.G.A. § 9-11-101 (21); Massachusetts 20-year statute of limitation controlled over Georgia’s 7-year dormancy law, since choice of law provisions of UIFSA provide that law of jurisdiction, which issued support order, “governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order;” ‘O.C.G.A. § 19-11-163 (b) provides that, ‘ “[i]n a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies,” ‘ in any event.
Sussman v. Sussman, A09A2289 (12/02/09), 09 FCDR 3930
From: Fulton County Daily Report, 12/18/2009.