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Sussman v. Sussman

OCGA § 19-11-163 b provides that, ' "in a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies." '

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The trial court entered an order vacating an earlier judgment of that court and dismissing appellant Nathalie Sussman’s petition to register and enforce a foreign support order under the Uniform Interstate Family Support Act, OCGA § 19-11-100 et seq. “UIFSA”. In vacating the judgment and dismissing Ms. Sussman’s petition, the trial court concluded that the foreign support order could not be enforced because it was dormant under Georgia law. For the reasons discussed below, we conclude that Massachusetts law applied to this matter and that the foreign support order was not dormant under the law of that state. Accordingly, we reverse. The record shows that Ms. Sussman and her former husband, appellee Kenneth Sussman, were divorced in the Probate and Family Court Department of the Commonwealth of Massachusetts Trial Court. In May 1995, the Massachusetts trial court entered a “Judgment and Order” in which, among other things, it found Mr. Sussman in contempt of its original judgment of divorce; determined his accumulated arrearages in alimony payments and statutory interest; and awarded statutory attorney fees and costs the “Massachusetts Judgment”. Judgment was entered in the total principal amount of $421,465.84. According to the uncontroverted affidavit of Ms. Sussman, her former husband has never made any payments to reduce the Massachusetts Judgment.

Mr. Sussman moved to Georgia, and, in January 2009, Ms. Sussman filed a petition in the Superior Court of Gwinnett County to register and enforce the Massachusetts Judgment as a support order under UIFSA. Mr. Sussman did not file a responsive pleading, and the trial court entered a final order and judgment confirming the Massachusetts Judgment.1

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