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Milot v. Milot

Court of Appeals of Virginia

December 23, 2014

DAVID MILOT
v.
GLENDA A. MILOT

FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK. Mary Jane Hall, Judge.

Michael D. Kmetz for appellant.

Jeffrey M. Summers for appellee.

Present: Judges Humphreys, McCullough and Senior Judge Haley. OPINION BY JUDGE JAMES W. HALEY, JR.

OPINION

[64 Va.App. 133] JAMES W. HALEY, JR., JUDGE.

I.

Code § 20-108.1(B) states in pertinent part that: " Liability for support shall be determined retroactively for the period measured from the date that the proceeding was commenced by the filing of an action with any court provided the complainant exercised due diligence in the service of the respondent . . . ." (Emphasis added.)

Code § 8.01-335(B) authorizes a circuit court to dismiss any pending civil action " wherein for more than three years there has been no order or proceeding . . . ."

The issue here for resolution is whether a circuit court, relying on Code § 20-108.1(B), may order retroactive child support (and arrearage and interest) for the interim period between the date of a Code § 8.01-335(B)

Page 862

dismissal and the date of a request for that support in a newly instituted cause.

We hold the circuit court may not for the reasons that follow.

[64 Va.App. 134] II.

In February 2002, wife filed for divorce in the Circuit Court of Halifax County. On March 21, 2003, that court entered a pendente lite order for child support for $2,500 per month and thereafter remanded the child support matter to the ...


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