Posts Tagged ‘Statute of Limitations’

Statute of Limitations for Child Support?

Saturday, February 4th, 2012

About a year ago, I posted that there was really no statute of limitations on the payment of child support.  That was true at the time based on the Virginia Court of Appeals interpretation of the law as published in the case of Adcock v. Department of Social Serivices, 56 Va. App. 334, 693 S.E.2d 757 (2010).

Mr. Adcock was ordered to pay the back child support, and he appealed that decision to the Virginia Supreme Court.

In November of 2011 the Virginia Supreme Court issued their ruling in the case of Adcock v. Department of Social Services, 282 Va. 383 which reversed the ruling of the Virginia Court of Appeals and says that since the child support obligations are set and cannot be modified after the date on which the obligation is due, any payments that were due and unpaid were judgments that are subject to the 20 year statute of limitations.

What does this mean?  This means that the judgment to pay child support for any given month ‘expires’ 20 years from that month unless something is done to extend that judgment.

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