In Corvin v. Debter, the was over a provision in the parties’ divorce decree that
Husband was to receive $22,000 as his share of the equity in the marital home when Wife either remarried, entered into a meritricious relationship or when the parties’ youngest child turned 18. The record showed that “Wife remarried in 1996, but did not pay Husband the $22,000.” Husband later filed for contempt, and the trial court “found that Wife was in contempt and ordered her to sell the home and pay Husband $22,000 from the proceeds.” Wife contended “that Husband could not recover because the judgment had become dormant pursuant to OCGA § 9-12-60 and that he had not attempted to revive it.”
In affirming the court below, the Supreme Court has ruled that “in her answer to Husband’s motion for contempt, Wife did not raise dormancy as a defense to her obligation to comply with the provisions of the divorce decree,” and that as a result she waived a defense based upon the statute of limitations.
SOURCE: Supreme Court of Georgia