Category Archives: UIFSA

GA Child Support, Divorce, Settlement Agreement, Civil Contempt, Attorneys’ Fees, Expenses of Litigation

Judgement modifying final divorce REVERSED, as trial court erred in modifying decree in order that each ‘ “party shall pay fifity percent of all reasonable medical expenses not covered by the minor child’s medical insurance’ ” since parties settlement agreement specifically expressed that father was to be responsible and pay for all reaonable and necessary uninsured medical, dental and orthodontic expenses; trial court did not err in refusing to find father in contempt of his obligation under settlement agreement to provide health insurance for child, since trial court did not declare that obligation to provide health insurance did not exist or purport to relieve father of that obligation; trial court erred infailing to find father in contempt for failing to pay child support and to impose sanctions, since father admitted on cross examination that his counsel stipulated to amount of his arrearages and Uniform Interstate Family Support Act (“UIFSA”) did not deprive trial court of jurisdiciton over that matter as UIFSA provides that tribunal in Georgia issuing suppport order has continuing jurisdicion with respect to modificaiton of child support orders where, as here, mother and child reside in Georgia and no evidence exists that parties have filed written consents to allow another state’s tribunal to assume continuing exclusive jurisdiction; trial court erred in ruling that father was not in contempt for failing to comply with obligation to refinance 1998 Jeep Cherokee, resulting in mother being liable for 15K in outstnding debt; trial court should address issue on remand that father was in contempt for failing to comply with privision requireing him to pay mother’s divorce attorney $3,750 in attorney’s fees; trial court erred in ruling that father was not in contempt for violating privision in settlement requireing him to maintian life insurance coverage in the amount of 130K; trail court should address on remand mother’s contention that father should be held in contempt for failing to pay $228.60 of child’s uninsured medical expenses; trial court did not err in ruling that father was not in contempt for violating his  obligation to provide medial and dental insurance for child; trial court did not err in finding mother in contempt of decree for severing telephonic communication between father and child; case remanded for futher proceedings reguarding denial of mother’smotion for attorney’s fees under O.C.G.A. § 19-6-2.

Baars v. Freeman, S10A1779

From:  Fulton County Daily Report, April 1, 2011

GA and UIFSA Statue of Limitation

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.