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EspañolWhat is a child support order and who can file for one?
A child support order is a legal document that establishes how much the non-custodial parent will pay for his/her share of the child’s expenses. This order also includes when and how the payments should be made as well as who’s responsible for health care coverage.1
Usually, the custodial parent is the one who files for child support from the non-custodial parent. However, if paternity hasn’t been established, that must be done first. Once paternity has been established, the judge should establish a child support order.2 For more information, see How is paternity established in South Carolina?
1 Establishing or Modifying a Child Support Order, South Carolina Department of Social Services
2 S.C. Code § 63-17-70(A)(1)(b)
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)
