Legal Question in Family Law in Georgia

Re: Child support statue of limitations

Interstate enforcement of child support is accomplished either through a State's long-arm statute or through a State's participation in the Uniform Interstate Family Support Act (UIFSA).

There are many details not evident in your question. I assume all the claimed arrearage occurred in Maryland. What is the period of the claimed arrearage? I assume you now live in Georgia and she lives in Texas.

What actions has she taken since the arrearage accrued? Has she been trying to enforce against you for non-payment and you eluded her all these years? Are there any complicating factors with the two children? Are there mitigating factors

in your behalf? Why was the arrearage in Maryland found non-actionable? These are questions that an attorney will need to know information about.

You will need to address the garnishment order in the proper court in Texas as this is where the order originates. If she is claiming arrears for over twenty years ago and has taken no other action up to this point and you have not purposefully eluded her,

an action that you could pursue is that her claim has lapsed under the Doctrine of Laches. Basically, this doctrine states that where a person has an actionable right but takes no action for such a period of time, the right is no longer actionable--simply stated "use it or loose it."

But, where her claim cannot be defended on laches, statute of limitations, or some other basis, a claim found valid for enforcement in one state can be enforced through garnishment in another state under UIFSA.

I suggest that you (1) pull together documentation of all of her actions and resulting court holdings (I assume exclusive to Maryland), and (2) directly hire an attorney in Texas or have a Georgia attorney work with co-counsel in Texas to pursue dismissal of the order to enforce child support.

If you need assistance in Maryland, I am available to provide service.

DISCLAIMER: Nothing in this correspondence constitutes legal advice and should not be construed as such. If you are confronted with a legal problem, the advice and service of an attorney should be obtained.