Paternity

Question 1

What are the consequences of failing to support your child/ren?

Answer 1

Any able-bodied person capable of earning a livelihood who shall, without just cause or excuse, abandon or fail to provide reasonable support to his or her … minor unmarried legitimate or illegitimate child dependent on him or her shall be deemed guilty of a misdemeanor and upon conviction shall be imprisoned for a term of not exceeding one year or be fined no less than three hundred dollars, or both, in the discretion of the circuit court.
S.C. Code Ann. 63-5-20(A)

Question 2

If a person provides a foreign paternity determination, whether established through administrative or judicial process, as evidence of paternity in a matter pending within this state, will that be admissible?

Answer 2

Yes. Such foreign paternity determination creates a conclusive presumption of paternity.
SC Code Ann. 63-17-60(A)(6)

Question 3

What is UIFSA?

Answer 3

The Uniform Interstate Family Support Act

SC Code Ann. 63-17-2900 through 63-17-4040

Question 4

What are the six (6) items of information does the court require all parties to a paternity action to provide? If any of this info should change, how long does the party have to notify the court of this change?

Answer 4

SC Code Ann 63-15-450
(A) An obligor and an obligee in a child support or paternity action, whether judicial or administrative, shall provide the following information to the tribunal:
(1) residence address;
(2) mailing address;
(3) telephone number;
(4) social security number;
(5) driver's license number; and
(6) name, address, and telephone number of employer.

The parties shall notify the tribunal of any changes to the above-referenced information within 10 days of the effective date of the change. …

Question 5

If an action threatens to render a child illegitimate, who are three parties required to be made a party to the action?

Answer 5

…the presumed father and the putative father must be made parties to the action. If the child is a minor, a GAL must be appointed who cannot be either the mother, or the putative or presumed fathers.
SC Code Ann. 63-17-10(E)

Question 6

Who has jurisdiction over proceedings to determine paternity?

Answer 6

The family court and the Child Support Enforcement Division of the Department of Social Services (the Division) share jurisdiction over proceedings to determine paternity.

Additionally, the Probate Court has subject matter jurisdiction to decide paternity for the purpose of determining heirs. [concurrent jurisdiction]

Question 7

What is the statute of limitations for bringing a paternity or child support action?

Answer 7

There is no statute of limitations for bringing a paternity or child support action.
Smith v. Doe, 366 S.C. 469, 623 S.E.2d 370 (2005).

Question 8

What are the seven (7) ways that UIFSA extends the concept of long arm jurisdiction so that the family court may exercise personal jurisdiction over a nonresident in a proceeding to establish, enforce, or modify a support order or to determine parentage?

Answer 8

if…
(1) the individual is personally served in South Carolina;
(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive pleading having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in South Carolina;
(4) the individual resided in South Carolina and provided prenatal expenses or support for the child;
(5) the child resides in South Carolina as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in South Carolina and the child may have been conceived by that act of intercourse; or
(7) there is any other basis consistent with the constitutions of South Carolina or the United States for the exercise of personal jurisdiction.
SC Code Ann. 63-17-3010(A)
[also, x-ref 63-17-20(A) w/ (6) above; a single act of sexual intercourse was sufficient to establish minimum contacts and confer personal jurisdiction to determine paternity. South Carolina DSS v. Basnight, 346 S.C. 241, 551 S.E.2d 274]

Question 9

Who may bring a paternity action?

Answer 9

(1) a child;
(2) the natural mother of a child;
(3) any person in whose care a child has been placed;
(4) an authorized agency, including, but not limited to, the Department of Social Services, pursuant to the provisions of Chapter 5 of Title 43, and any other person or agency pursuant to the provisions of Sections 63-3-550 [Persons who may institute proceeding respecting neglected or delinquent children] and 63-17-340 [Persons who may file petition for support]; or
(5) a person who claims to be the father of a child.
SC Code Ann. 63-17-10(C)

Question 10

What happens to child support while a paternity/child support action is pending?

Answer 10

The family court is REQUIRED, upon motion of either party, to issue a temporary child support order pending an administrative or judicial determination of paternity in certain situations.
SC Code Ann. 63-17-330
63-3-530

Question 11

Is evidence of a mother’s sexual activity admissible in a paternity action?

Answer 11

No; evidence of a mother’s sexual activity is irrelevant and immaterial in a paternity proceeding, except for impeachment purposes, unless the specified instances of sexual activity are within the critical period of conception.
South Carolina DSS v. Brown, 272 S.C. 568, 253 S.E.2d 100 (1979); Kennington v. Catoe, 68 S.C. 470 S.E. 719 (1904).