Legal Question in Family Law in South Carolina
Child Support
My husband had an affair over 17 years ago. This affair happened to be with my best freind who I happened to be the God-mother of one of her children. Long story short it devasted me and nearly destroyed our marriage. My husband and I went on though after so many years of pain. Now we have adoped 3 children and she has found out and just sent my husband after 17 years a child support order. When I checked the South Carolina guide lines the statue of limiations ends when she is 18 which means it will only be for a year. We all now this is being done out of spite. My question is their is a lot behind this. Can I write a deposition to go along with my husband statement regarding this incident. Also, my husband is out of work and I am the sole provider at the moment. Will they look at the fact that he is not working and will they still make him pay by the child support guidelines or will they pro-rate it. We are requesting a DNA test. Also will they make him pay past 18. He does not want to see the child can they force him to make visitation rights.
1 Answer from Attorneys
Re: Child Support
You stated that she sent him a "child support order." If it really is an Order and not a petition seeking support, then he needs to act quickly to find out his options in regard to having it set aside, appealing it, etc. or he will be stuck with its terms.
If it is only a petition asking for support to be calculated, then he will have a right to present any relevant information to the Court for its consideration. He will also have the right to seek a paternity test if one has not been done before and if paternity has never been established.
The factors that are relevant in child support cases do NOT include your income, but will include his income and/or his earning capacity. If he is able to work but is not working, the Court will impute income to him based on his earning capacity.
Typically, child support stops at the later of reaching 18 or graduating from high school. There is no way to force him to visit with the child if he does not wish to do so.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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