When does the biological father’s child support obligation start?
According to South Carolina law, the biological father’s responsibility starts at conception. In addition to any child support ordered, the biological father could be ordered to pay 50% of the mother’s pregnancy expenses, including half of her health insurance premium not covered by her employer or by a governmental program. Note: This amount can be included as part of the child support.1
If the father claims not to be the father (contests paternity) but is later proven to be the father by a DNA test, the duty to support may be applied retroactively to the time the child was conceived.2 Although rare, retroactive support could also be ordered in other situations, depending on the circumstances.3
1 S.C. Code § 63-17-325(A)
2 S.C. Code § 63-17-325(C)
3 See McSwain v. Holmes, 269 S.C. 293 (1977)