Ross v. RossAnnotate this Case
The parties were divorced in Connecticut in 2010. At that time, appellant Husband’s child support obligation was $279 per week for the parties’ two minor children. A Connecticut court modified the support order to facilitate appellee Wife’s move to Georgia with the children, reducing the obligation to $100 per week. In 2016, Wife filed an action in Georgia to domesticate and modify the parties’ Connecticut divorce decree and the modified order. The complaint was served on Husband personally while he was in Coweta County visiting the children. Husband moved to dismiss the action on the ground that the Georgia trial court lacked subject matter jurisdiction to modify the Connecticut child support order under the Uniform Interstate Family Support Act (UIFSA), because the requirements of OCGA § 19-11-172 (a)2 had not been met. Wife argued that jurisdiction was proper under the Uniform Enforcement of Foreign Judgments Law (UEFJL), to both enforce and modify the Connecticut child support order. The trial court ultimately denied Husband’s motion to dismiss, reasoning that it had jurisdiction to modify the Connecticut child support order; however, it granted Husband’s request for a certificate of immediate review. The Georgia Supreme Court granted Husband’s application for interlocutory review, and, having considered the record, the parties’ arguments, and the relevant legal authorities, the Supreme Court reversed the trial court’s judgment. The Georgia trial court did not have jurisdiction; Wife had to modify the child support order in Connecticut, and her invocation of the UEFJL did not change that result.