Commonwealth ex rel. Simmons v. Tynes

By Judge D. Arthur Kelsey

The Commonwealth of Virginia, through its Department of Social Services, Division of Child Support Enforcement (“DCSE”), appeals an order of the Isle of Wight Juvenile and Domestic Relations District Court (“JDR”) claiming it erred by vacating a DCSE Administrative Order establishing paternity for purposes of child support. The JDR court vacated the order during a show cause hearing scheduled to address whether the alleged father should be held in contempt for failing to pay child support. The vacature, the DCSE contends, amounts to an impermissible collateral attack…