Holmes-Bracy v. BracyAnnotate this Case
Wife and Husband were divorced in 1995; the final decree of divorce incorporated a settlement agreement that provided for child support and at least half of his Armed Services retirement pay monthly. The child support obligation terminated in 2006, and his first payment of retirement benefits was due to Wife the following month. Husband, however, never paid. Although Wife employed attorneys to demand payment from Husband, Wife took no court action until February 25, 2016, when she filed a motion for contempt. The trial court held that the first payment of retirement benefits became due on July 1, 2006, and the judgment went dormant on July 1, 2013. Although filing a scire facias within three years of dormancy would have revived the judgment if it were dormant, Wife made no such filing. Therefore, the trial court held: that although Husband “clearly and knowingly failed to uphold his obligations under the decree,” it could not hold him in contempt. The Georgia Supreme Court determined the trial court erred in its analysis: Wife’s first viable opportunity to enforce the judgment occurred in July of 2006, when the initial payment became due. The dormancy period did not begin to run until each installment is due. Here, installments that became due within seven years preceding the issuance and recording of the execution are collectible and enforceable. Installments that were dormant remain subject to revival pursuant to OCGA 9-12-61.