X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

David Dial appeals from an order finding that he owed accrued interest on past due child support pursuant to OCGA § 7-4-12.1. We find no error and affirm. Dial was divorced from Lynn Adkins in 1985 pursuant to a divorce decree obtained in Hamilton County, Tennessee. In 1987, Adkins obtained a judgment against Dial in Tennessee holding that he owed over $9,000 under the divorce decree, including past due child support. Adkins subsequently moved to Dade County, Georgia, filed the Tennessee judgment for enforcement in Georgia pursuant to OCGA § 9-12-130 et seq., and filed a contempt petition against Dial alleging that he had failed to pay child support due since 1987 under the Tennessee judgments. Ruling on the contempt petition, the Dade County Superior Court found Dial in contempt for failure to pay over $8,000 past due on the prior judgment and for owing over $26,000 in past due child support. Dial was allowed to purge himself by making a lump sum payment of $30,000 and by agreeing to pay the balance due in installments. After becoming a resident of Catoosa County, Adkins subsequently filed another petition in Catoosa County Superior Court seeking an order enforcing accrued interest under OCGA § 7-4-12.1 on all child support payments which Dial had allowed to become more than 30 days past due. The Court entered an order finding that § 7-4-12.1 imposed interest of 12 percent per annum on unpaid child support payments, commencing 30 days from the day any such payment became due, and that Dial owed interest on past due child support in the amount of $38,329.35.1 The Court refused to find, as urged by Dial, that collection of the accrued interest was precluded by the doctrine of res judicata.

1. Dial claims that the trial court lacked jurisdiction because Adkins failed to register the Tennessee judgments for enforcement in Georgia pursuant to OCGA § 19-11-160 of the Uniform Interstate Family Support Act UIFSA OCGA § 19-11-100 et seq.. The UIFSA was enacted to replace the Uniform Reciprocal Enforcement of Support Act URESA OCGA § 9-11-40 et seq. for enforcement proceedings filed on or after January 1, 1998. OCGA § 19-11-40.1. However, the procedures set forth in the URESA and the UIFSA for registering and enforcing foreign support judgments are in addition to and not exclusive of the procedures used by Adkins in OCGA § 9-12-130 et seq. to file and domesticate the Tennessee judgments for enforcement. OCGA § § 19-11-45; 19-11-103; Dept. of Human Resources v. Deason , 238 Ga. App. 853, 857 520 SE2d 712 1999. Accordingly, the Court had jurisdiction to consider the petition seeking interest.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...


Apply Now ›

NY auto defense firm seeks experienced TRIAL ATTORNEY to do trials, motions, court appearances, and depositions.Salary range 115K-150K depen...


Apply Now ›

The New York State Unified Court System is one of the largest court systems in the nation with over 16,000 judges and non-judicial employees...


Apply Now ›