(A) The division may establish paternity of a child in the course of a negotiation conference held pursuant to § 63-17-750 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in § 63-17-740. In addition to the notice of financial responsibility as set forth in § 63-17-730, the division must serve the alleged father with a notice of paternity determination which shall include:

(1) an allegation that the alleged father is the natural father of the child involved;

Terms Used In South Carolina Code 63-17-790

  • Allegation: something that someone says happened.
  • Child: means a person under the age of eighteen. See South Carolina Code 63-1-40
  • Custodian: means a parent, relative, legal guardian, or other person or agency having physical custody of a child. See South Carolina Code 63-17-720
  • Division: means the Child Support Enforcement Division of the State Department of Social Services. See South Carolina Code 63-17-720
  • Order: means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority. See South Carolina Code 63-17-720

(2) the child’s name and date of birth;

(3) the name of the child’s mother and the name of the person or agency having custody of the child, if other than the mother;

(4) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;

(5) a statement that if the alleged father timely denies the allegation of paternity:

(a) the alleged father is subject to compulsory genetic testing and that expenses incurred may be assessed against the alleged father if he is found to be the father;

(b) a genetic test may result in a presumption of paternity; and

(c) upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division to refer the matter to Family Court for a determination of paternity pursuant to § 63-17-780. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination.

(B) The alleged father may file a written denial of paternity with the division within thirty days after service of the notice of paternity determination.

(C) When there is more than one alleged father of a child, the division may serve a notice of paternity determination on each alleged father in the same consolidated proceeding or in separate proceedings. Failure to serve notice on an alleged father does not prevent the division from serving notice on any other alleged father of the same child.

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