Legal Question in Family Law in South Carolina
DNA test DSS Child Support
Two years ago a woman from my husbands past told him that he is the father of her 10 year old daughter. They had a DNA test and the results were 99.6%. She is now 12 years old and the mother has had the child on medicaid. DSS is now coming after my husband for child support to cover medical expenses.
The child, until 2 years ago, thought another man was her father and this man is named the father on her birth certificate. He has also been court ordered through divorce papers to pay child support for her.
Isn't the other man the father in the courts eyes? Will my husband have to pay child support for this child?
1 Answer from Attorneys
Re: DNA test DSS Child Support
This is an interesting situation. Your husband's attorney can argue that there has already been a finding as to the child's legal father -- if he wants to try to avoid his responsibility for this child. If he does not, then he can seek visitation, etc. with this child in addition to the financial obligations -- and the other man might then be relieved.
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