Commonwealth v. Broadnax

By JUDGE RANDALL G. JOHNSON

This is an appeal from an order of the juvenile court which set aside an award of child support arrears assessed by the Department of Social Services pursuant to Va. Code Section 63.1-252.1. At issue is whether the department’s assessment of arrears is a taking of defendant’s property without due process of law in violation of the federal and state constitutions.

Defendant, Donald R. Broadnax, is the father of six children by his wife, Brenda D. Broadnax. The children range in age from sixteen to four. In October, 1986, while defendant was incarcerated in New York on…