Case Overview

Jane Smith, Respondent v. John Doe, Petitioner

Respondent brought an action against petitioner in family court to establish paternity and award child support for her thirty-four year old mentally disabled daughter. The family court established petitioner as the father and ordered him to pay child support. The Court of Appeals affirmed. Smith v. Doe, 357 S.C. 303, 592 S.E.2d 322 (Ct. App. 2003). Petitioner now asks the Supreme Court to review the Court of Appeals' decision.

Petitioner argues the Court of Appeals erred in declining to apply a statute of limitations to this case. Specifically, petitioner argues paternity actions fall within the actions subject to the three year statue of limitations in S.C. Code Ann. § 15-3-530 (2005) and that the statute of limitations began running once the daughter turned eighteen. This is an issue that has not been previously addressed in South Carolina.

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