Child Support Enforcement - Sarpy County Nebraska

as to the paternity of the minor child. Therefore, [the mother] is not entitled to a new
trial on the basis of newly discovered evidence.
Farmer v. Farmer, 200 Neb. 308, 263 N.W.2d 664 (1978)
Where parents of a child born out of wedlock subsequently marry, that child is
legitimate.
Ford v. Ford, 191 Neb. 548, 216 N.W.2d 176 (1974)
Presumed legitimacy of children born in wedlock may not be rebutted by the
testimony or declaration of a parent.
Helter v. Williamson, 239 Neb. 741, 478 N.W.2d 6 (1991)
The legitimacy of children born during wedlock is presumed, and this presumption
may be rebutted by clear and convincing evidence; the testimony or declaration of
a husband or wife is not competent to bastardize a child.
Notice of paternity proceedings and an opportunity to appear must be served upon
the husband of the mother of the child born during marriage
Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)
An out-of-wedlock child has the statutory right to be supported to the same extent
and in the same manner as a child born in lawful wedlock; the resulting duty of a
parent to provide such support may, under appropriate circumstances, require the
award of retroactive child support.
While a paternity action is one at law, the award of child support in such a
case is equitable in nature. When reviewing a question of law, an appellate court
reaches a conclusion independent of the lower court’s ruling.
In re Adoption of Corbin J., 278 Neb. 1057, 775 N.W.2d 404 (2009)
Holding: A temporary order for child support does not adjudicate paternity.
An adjudicated father is an individual determined to be the father by a court of
competent jurisdiction.
[A] temporary order [setting child support] was not a final court-ordered
determination [as to paternity].
Jeffrey B. v. Amy L., 283 Neb. 940, ____ N.W.2d _____ (June 2012)
What. A. Mess.
Facts: Unmarried woman carries on sexual relationships with two men at the same time (she
has 5 kids by 5 fathers). She becomes pregnant in 1999, tells one man he is the father, and he
steps up to the plate for the child, obtaining a paternity judgment on his own, and then living with
the child as the custodial parent for 7 out of the next 10 years. Mom made only half hearted
attempts to tell the other man she is pregnant in 1999, but never actually connects with him.
That second man hears rumors she is pregnant in 1999, but fails to act on them for ten years,
until he sees a picture of the child in 2009 and thinks the child looks like him. His suspicions are
confirmed by DNA testing. DNA Dad later succeeds in intervening in the settled 2001 paternity
decree in 2010, and convinces trial court to set aside the decree of paternity in the legal father
in favor of DNA dad in 2011. Mom and Legal Dad appeal. There are over a dozen assignments
of error from all 3 parties.
Held: DNA dad sat on his rights and responsibilities too long. Equity will not let him intervene
in a settled 10 year old paternity case. Case reversed.
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