Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, October 8, 2005

Biological dad challenges child support order for 40-year-old daughter

The South Carolina Supreme Court was asked Friday to overrule a lower court order requiring a biological father to pay child support for a 40-year-old mentally disabled daughter. The father was ordered in 2001 to pay $91 weekly to support his daughter. The mother had filed a lawsuit in 1999 seeking child support for her then-34-year-old daughter, who lives with her in Lexington County. The couple never married and did not have a long-term relationship. The father argued that a family court judge should have dismissed the lawsuit against him because the deadline to bring a paternity action had expired. He also claimed that the amount ordered was excessive because his daughter already receives about $775 a month through her part-time job and federal disability payments. The South Carolina Court ruled unanimously in 2003 that a divorced father must pay child support for his then-27-year-old daughter, who had a genetic disease that causes mental retardation and severe muscular weakness.  Source: Associated Press, the complete story, click here (last visited October 8, 2005, REO).

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