New Georgia Family Law Family Law Blog | Remboldt Law Firm, LLC
  • New GA Court Opinions
  • Resources - Books
  • Resources - More
  • About
  • Contact

GA and UIFSA Statue of Limitation

Posted Mar.14, 2010 by Cynthia J. Remboldt, Esq., under Alimony, Contempt, Jurisdiction, UIFSA

 Alimony, Choice of Law, Contempt, Jurisdiction, UIFSA

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.

Share/Save
Leave a Comment

Search

Categories

  • Adoption (7)
  • Alimony (16)
  • Appeal (26)
  • Articles (3)
  • Attorney Fees (28)
  • Capacity (3)
  • Child Support (51)
  • Common Law Marriage (1)
  • Contempt (18)
  • Custody (77)
  • Deprivation (29)
  • DFACS (2)
  • Divorce (49)
  • Equitable Division (23)
  • Evidence (20)
  • Grandparents (14)
  • Guardan Ad Litem (1)
  • Insurance Benefits (1)
  • Jurisdiction (26)
  • Legitimation (4)
  • Mediation (1)
  • Military (1)
  • Modification (21)
  • Parental Rights (27)
  • Paternity / Legitimation (8)
  • Prenuptial Agreement (5)
  • Property Settlement (4)
  • Service by Publication (1)
  • Service of Process (1)
  • Settlement Agreement (12)
  • Temporary Protective Order (TPO) (3)
  • Transcripts (10)
  • Trial Counsel (4)
  • UCCJEA (8)
  • UIFSA (2)
  • Uncategorized (7)
  • Visitation (15)

Archives

  • May 2012 (6)
  • April 2012 (7)
  • March 2012 (8)
  • February 2012 (7)
  • January 2012 (8)
  • December 2011 (8)
  • November 2011 (6)
  • July 2011 (4)
  • June 2011 (6)
  • May 2011 (9)
  • April 2011 (3)
  • March 2011 (8)
  • February 2011 (8)
  • January 2011 (7)
  • October 2010 (10)
  • September 2010 (7)
  • August 2010 (6)
  • July 2010 (10)
  • June 2010 (10)
  • May 2010 (11)
  • April 2010 (9)
  • March 2010 (9)
  • February 2010 (10)
  • January 2010 (11)
  • December 2009 (10)
  • November 2009 (10)
  • October 2009 (3)
  • September 2009 (7)
 
Powered by WordPress.   A CJ Remboldt Blog
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright 2010 by Cynthia J. Remboldt, JD/MBA. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.