South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

H. 3069

STATUS INFORMATION

General Bill
Sponsors: Reps. Snow and Cotty
Document Path: l:\council\bills\nbd\11015ac03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Paternity and child support orders, conditions when to set aside, time limits

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-33
   1/14/2003  House   Referred to Committee on Judiciary HJ-33
    2/4/2003  House   Member(s) request name added as sponsor: Cotty

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 20-7-958, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A VERIFIED ACKNOWLEDGEMENT OF PATERNITY CREATING A LEGAL FINDING OF PATERNITY, SO AS TO PROVIDE THAT PATERNITY ESTABLISHED PURSUANT TO A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY AND ANY ORDER FOR CHILD SUPPORT RELATED TO THIS PATERNITY MUST BE SET ASIDE IF AN ACTION IS BROUGHT WITHIN THREE YEARS OF THE ESTABLISHMENT OF PATERNITY AND IF GENETIC TESTING DOES NOT RESULT IN A STATISTICAL PROBABILITY OF PATERNITY OF NINETY-FIVE PERCENT OR HIGHER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-7-958 of the 1976 Code, as added by Act 71 of 1997, is amended by adding an appropriately lettered subsection at the end to read:

"( )    Notwithstanding the provisions of this section or any other provision of law, the court shall set aside paternity established pursuant to this section, and any order for child support based upon this paternity, upon the petition of a signatory to the voluntary acknowledgement of paternity, brought within three years of the establishment of paternity, if genetic testing conducted subsequent to the establishment of paternity reveals that there is not a statistical probability of paternity of ninety-five percent or higher."

SECTION    2.    This act takes effect upon approval by the Governor.

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