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TUCKER v. WIMER

Record No. 1375-03-3.

590 S.E.2d 73 (2003)

42 Va. App. 42

Ronnie Eugene TUCKER v. Donna S. WIMER and Commonwealth of Virginia, Department of Social Services, Division of Child Support Enforcement, ex rel. Donna S. Wimer.

Court of Appeals of Virginia, Salem.

December 23, 2003.

Attorney(s) appearing for the Case

Peter J. Judah, Hot Springs, for appellant.

Steven P. Roadcap, Special Counsel (Jerry W. Kilgore, Attorney General; David E. Johnson, Deputy Attorney General; Craig M. Burshem, Senior Assistant Attorney General; Beth J. Edwards, Regional Special Counsel; Alice G. Burlinson, Office of the Special Counsel; on brief), for appellee Commonwealth of Virginia Department of Social Services, Division of Child Support Enforcement, ex rel. Donna S. Wimer.

No brief or argument for appellee Donna S. Wimer.

Present: FITZPATRICK, C.J., and BUMGARDNER and FRANK, JJ.

BUMGARDNER, Judge.

The Division of Child Support Enforcement sought to enforce an order for child support of J.T.W. based on an earlier decision that Ronnie Eugene Tucker was the natural father. Tucker contended the paternity determination was void because the trial court had not appointed a committee for him pursuant to Code § 53.1-223. The trial court found that he was not entitled to a committee because he was not incarcerated for a felony conviction and enforced...

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