Legal Question in Family Law in South Carolina
Child Support
A woman is legally married, moves away from her husband to another state, gets involved with someone else, claims to be single and ends up giving birth to a child. She then leaves man #2. Then 1 1/2 yr later she wants child support from man #2. In the meanwhile, man #2 finds out that she is legally married to someone in another state. Is man #2 automatically required to pay child support because he signed the birth cert. or does her hidden marriage play a part?
1 Answer from Attorneys
Re: Child Support
In my state, a child born during a marriage (or within a certain time of the dissolution) is presumed to be the husband's child. However, in this scenario, he can rebut the presumption by getting a paternity test to rule out paternity. In this scenario, mom can submit an affidavit to the child support agency in which she names the possible fathers -- man #1 and man #2. Man #1 will get tested to rule out. Man #2 can submit an affidavit acknowledging paternity, he can get tested to rule out paternity, or the agency or a court can order him to be tested to confirm paternity. If he is found to be the biological father, he is responsible to contribute to the financial support of his child even if he does not establshe a parent-child relationship.
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