Griffin v. Avery

The central issue in this case is whether past-due installments of child support ordered by a superior court in a divorce decree are “judgments” within the meaning of the statute of limitations, RSA 508:5. We hold that they are not.

In the 1966 decree of divorce of the parties, the Merrimack County Superior Court ordered the defendant, Robert Avery, to pay $25 a week in child support to the plaintiff, Antoinette Avery Griffin. The defendant never complied but, because he became disabled in August 1970, social security benefits in amounts less than his support obligation were paid to the…