COM., DEPT. OF SOCIAL SERVICES v. FLANEARY

Record No. 2528-94-3.

469 S.E.2d 79 (1996)

22 Va. App. 293

COMMONWEALTH of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, ex rel. COMPTROLLER OF VIRGINIA, on Behalf of Debra OVERBY v. James FLANEARY.

Court of Appeals of Virginia.

April 16, 1996.


Attorney(s) appearing for the Case

Alice G. Burlinson, Special Counsel (Betsy S. Elliott, Senior Special Counsel, Division of Child Support Enforcement; James S. Gilmore, III, Attorney General; William H. Hurd, Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General; Robert B. Cousins, Jr., Senior Assistant Attorney General, on briefs), for appellant.

Douglas K. Frith, Martinsville (Douglas K. Frith & Associates, on brief), for appellee.

Present: MOON, C.J., and COLEMAN and FITZPATRICK, JJ.


COLEMAN, Judge.

The Department of Social Services, Division of Child Support Enforcement (DCSE), appeals the trial court's order finding that the evidence failed to prove that James Flaneary is the father of Gerald Lee Overby and dismissing DCSE's petition for child support. DCSE contends that Code § 20-49.1(B) requires that when DNA test results show a probability of paternity of 98% or greater, the trial court must treat the results as the equivalent of a judgment...

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