Child Support Enforcement - Sarpy County Nebraska

parent-child relationship has the. effect of saying “I wish you had never been
born” to a child who, before the revelation of biological fatherhood, was under the
impression that he or she had a father who loved him or her.” “We decline to
allow a party to use a tort or assumpsit claim as a means for sending or
reinforcing this message.“
Ex-husband’s tort and assumpsit causes of action are contrary to public policy.
“We do not believe that having a close and loving relationship “imposed” on one
because of a misrepresentation of biological fatherhood is the type of “harm” that
the law should attempt to remedy.
It does not lie within the power of any judicial system to remedy all human
wrongs, and to attempt to correct such wrongs or give relief from their effects
may do more social damage than if the law leaves them alone. (citation omitted)
The court does not address ex-husbands res judicata and collateral estoppel
arguments.
State v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994)
Plaintiffs are entitled to a default judgment without offering evidence in support of
the allegations of their petition, except allegations of value and amount of
damage. Weir v. Woodruff, 107 Neb. 585, 186 N.W. 988 (1922)
State on behalf of L.L.B. v. Hill, 268 Neb. 355, 682 NW2d 709 (2004)
This case involves the disestablishment of paternity some 5 years after the default order
was entered. No “replacement father” was involved. The state did not object to the
disestablishment after DNA tests came back showing the legal father to not be the
biological dad. The state appealed the sole issue of the district court’s vacation of child
support arrears. The supreme court reversed the vacation on equitable grounds. Query:
does this case open the door to legal fathers challenging existing paternity orders years
later?
Judgments: Equity: Time. A litigant seeking the vacation or modification of a
prior judgment after term may take one of two routes. The litigant may proceed
either under Neb. Rev. Stat. §25-2001 (Cum. Supp. 2002) or under the district
court’s independent equity jurisdiction.
To be entitled to equitable relief from a judgment, a party must show that the
situation is not due to his or her fault, neglect, or carelessness.
Dissolution and Related
Alicia C. v. Jeremy C., 283 Neb. 340, ___ N.W.2d ___ (February 2012)
Under Nebraska common law, later embodied in Neb. Rev. Stat. § 42-377 (Reissue
2008), legitimacy of children born during wedlock is presumed, and this presumption
may be rebutted only by clear, satisfactory, and convincing evidence.
When the parties fail to submit evidence at the dissolution proceeding rebutting the
presumption of paternity, the dissolution court can find paternity based on the
presumption alone.
[A]ny dissolution decree which orders child support implicitly makes a final
determination of paternity.
A dissolution decree that orders child support is res judicata on the issue of
paternity.
[S]tatutes (allowing for the disestablishment of paternity) have largely been in
response to a “disestablishment movement” which began after high profile cases in
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