Smith v. Smith

Shulman, Presiding Judge.

Appellant’s ex-wife secured a judgment against him for unpaid child support. Based on that judgment, she commenced a garnishment action in municipal court. In addition to traversing the garnishment, appellant filed a complaint in equity in superior court seeking to set aside the child support judgment. His appeal from the superior court’s dismissal of his complaint is still pending.

In the garnishment action, appellant sought a stay and a release of the garnishment under the provisions of Code Ann. § 46-403 (b), which reads in pertinent part as follows: “[W]here the…