Legal Question in Family Law in South Carolina
I had a one night stand with a married women. She came back a few months later telling me she was pregnant with my child. She is still married, her husband believes the child to be his, his name is on the birth certificate. She told me that the South Carolina state minimum for child support is 450/month. She told me that I was pay her this or she will take me court for even more. I was skeptical at first because I honestly don't believe the child to be mine, so I didn't pay at first. Instead of taking me to court, she somehow got in contact with my current girlfriend and told her. I now pay her this, but I also seriously doubt the child to be mine. Also, I am about to move to another state, and she told me that I no longer have to pay her once I'm gone because the term "abandonment" will be used and I'm no longer responsible. What should I do?
1 Answer from Attorneys
There is no state minimum for child support in SC, and that's ridiculous. Also, because the child was born while she is married to someone else, her husband is presumed to be the legal father of that child and will remain so until the Court issues an order to the contrary. If you want to assert some rights to the child (custody or visitation), then you should consult an attorney and move toward doing so. Otherwise, you don't need to do anything until and unless she files an action against you.
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.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens