Child Support Enforcement - Sarpy County Nebraska

§ 43-1408.01 Notarized acknowledgment of paternity; execution by alleged father; form;
filing with Department of Health and Human Services
The department shall accept completed acknowledgment forms and make available to
county attorneys or authorized attorneys a record of acknowledgments it has received, as
provided in subsection (1) of section 71-612. The department may prepare photographic,
electronic, or other reproductions of acknowledgments. Such reproductions, when certified and
approved by the department, shall be accepted as the original records, and the documents from
which permanent reproductions have been made may be disposed of as provided by rules and
regulations of the department.
Source: Laws 1994, LB 1224, § 56; Laws 1996, LB 1044, § 201; Laws 1997, LB 307, § 77; Laws 1997,
LB 752, § 100; Laws 2007, LB296, § 128.
§ 43-1409 Notarized acknowledgment of paternity; rebuttable presumption; admissibility;
rescission.
The signing of a notarized acknowledgment…by the alleged father shall create a rebuttable
presumption of paternity as against the alleged father. The signed, notarized acknowledgment is
subject to the right of the signatory to rescinding the acknowledgment within sixty days after
signing or after the date of an administrative or judicial proceeding relating to the child,
including a proceeding to establish a support order in which the signatory is a party, whichever
occurs first. After the rescission period a signed notarized acknowledgment is considered a legal
finding which may be challenged only on the basis of fraud, duress, or material mistake of fact
with the burden of proof upon the challenger, and the legal responsibilities, including the child
support obligation, of any signatory arising from the acknowledgment shall not be suspended
during the challenge, except for good cause shown. Such a signed and notarized
acknowledgment shall be admissible in evidence in any proceeding to establish support.
Source: Laws 1999, LB 594, § 21.
§43-1411 Paternity; action to establish; venue; limitation; summons.
A civil proceeding to establish the paternity of a child may be instituted, in the court of the
district where the child is domiciled or found or, for cases under the Uniform Interstate Family
Support Act, where the alleged father is domiciled, by (1) the mother or the alleged father of
such child, either during pregnancy or within four years after the child’s birth, unless consent or
relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for
purposes of adoption or (2) the guardian or next friend of such child or the state, either during
pregnancy or within eighteen years after the child’s birth. Summons shall issue and be served as
in other civil proceedings, except that such summons may be directed to the sheriff of any county
in the state and may be served in any county. (emphasis added)
Source: Laws 1998, LB 1041, § 45.
Cross Reference: Uniform Interstate Family Support Act, see section 42-701.
State on Behalf of Hopkins v. Batt, 253 Neb. 852, 573 N.W.2d 425 (1998)
We have construed § 43-1411 as a means by which the State, in its parens patriae
role, may bring a paternity action on behalf of a minor child for future support. …In
contrast to § 43-512.03, the State's right to sue under this section is not conditioned
upon the payment of public assistance benefits for the minor child.
- 143 -