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