ADCOCK v. COM., DEPT. OF SOCIAL SERVICES

Record No. 101316.

719 S.E.2d 304 (2011)

Edward W. ADCOCK v. COMMONWEALTH of Virginia, DEPARTMENT OF SOCIAL SERVICES, DIVISION OF CHILD SUPPORT ENFORCEMENT, ex rel. Mildred HOUCHENS, et al.

Supreme Court of Virginia.

November 4, 2011.


Attorney(s) appearing for the Case

Michael W. Smith ( W. Scott Street, III ; A. Peter Brodell ; R. Braxton Hill, IV , Richmond; Williams Mullen ; Christian & Barton, on briefs), for appellant.

Craig M. Burshem , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Beth J. Edwards , Regional Senior Assistant Attorney General; Nancy J. Crawford , Regional Senior Assistant Attorney General; Janice W. McDaniel , Senior Assistant Attorney General; Gary P. Webb , Senior Assistant Attorney General, on brief), for appellee Commonwealth of Virginia Department of Social Services, Division of Child Support Enforcement.

No brief filed by appellee Mildred Houchens.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO, RUSSELL, and KOONTZ, S.JJ.


Opinion by Justice S. BERNARD GOODWYN.

In this appeal, we consider whether the 20-year limitation on the enforcement of a judgment, stated in Code § 8.01-251(A), bars an attempt to collect child support arrearages created at least 24 years earlier when a spouse failed to make ongoing child support payments as ordered in a final divorce decree.

Background

The parties were divorced by a final decree entered in the Corporation Court of the City...

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