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Dad can run, but not hide from 1966 support debt

A mother can enforce a child support order from 1966, the Virginia Court of Appeals said today, making the father liable for $73,629 in support for a 42-year-old child.

In 1966, an Alexandria divorce court ordered the dad to pay $30 per week for the couple’s three children. His support obligation ended in June, 1982, when the youngest child reached his majority. In 2006, the mom pursued back support through the Division of Child Support Enforcement.

The appellate court refused to give the dad, Edward Adcock, the benefit of a general 20-year statute of limitations under Virginia Code § 8.01-251(A). In a published opinion, Judge Robert Frank said that statute did not apply to an unliquidated, ongoing child support order.

Dissenting Judge Sam Coleman said emancipation of a child converts an unliquidated child support order to a fixed sum certain, and the statute of limitations runs from that date.

By Deborah Elkins

2 comments

  1. Actually, “dad” can’t run. DCSE is running out of Targets to show “arrearages” for their Fed $ to keep their racket running. Did this Dad “choose” to have these children (EQUAL PROTECTION), did this Dad even KNOW via Legal Notice, Legal Service of Process? Was his case reviewed every 3 years as MANDATED by Federal Law? Did the order consider Both Parents Income? Disposable or Gross? Where’s the FACTS of the Story?

  2. The Court of Appeals rules on a child support case, and the dissent makes the correct ruling on the law of the case.

    I wonder when Virginia will actually play “host” to attorneys who are more than willing to stand up against these “Assistant Attorney Generals” who aren’t employed by the A.G.’s Office, are paid by the Virginia Department of Social Services, and in many instances not only lie in their pleadings but misrepresent the law in almost every court in which they appear.

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