Legal Question in Family Law in South Carolina
Paternity, child support questions
My husband received a letter from a support agency saying they had been given his name as the name of the father of a client's baby. He was to respond within 60 days or face court action or them contacting his Commanding Officer.
He is military and we are stationed overseas. He called the agency within the time period and they informed him that a court date was set.
They said since he was military and overseas that he would need to fax the agency a letter stating that to have the court date postponed.
Why was a court date already set? What exactly is the purpose of it? When does he get the opportunity to ask for a paternity test? Who pays for it? We are to be overseas for quite awhile more, so how long will they postpone the date?
I am just worried about everything just getting pushed through and he has no say.
This incident between him and the woman filing was three years ago. It involved a night out drinking with several other guys and my husband waking up (fully clothed) on the living room floor along with his friends. He doesn't remember doing anything with her. She has been very shady with the whole story. I am sorry this is long, but I am so stressed and would really appreciate answers greatly.
1 Answer from Attorneys
Re: Paternity, child support questions
It is not uncommon for those hearings to be scheduled sooner rather than later. Your husband's military status might be able to be used to postpone things, but that may not be in his best interest if he truly is the child's father, as it will result in a larger arrearage being owed.
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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