Child Support Enforcement - Sarpy County Nebraska

Note: In civil proceedings where paternity is an issue, most states provide that there must be
corroboration to support the mother’s testimony that the respondent is the father. Other cases
addressing the need for corroboration in the testimony as to paternity include:
State ex rel. Klostermeier v. Klostermeier, 161 Neb. 247, 72 N.W.2d 848 (1955)
Lockman v. Fulton, 162 Neb. 439, 76 N.W.2d 452 (1956)
Wade v. Hicks, 191 Neb. 847, 218 N.W.2d 222 (1974)
State on behalf of Cooper v. Harmon, 2 Neb. App. 612, 512 N.W.2d 656 (1994)
Perkins v. Perkins, 198 Neb. 401, 253 N.W.2d 42 (1977)
The presumption favoring legitimacy of children may only be rebutted by clear and
convincing evidence beyond the testimony of husband or wife denying child’s
legitimacy.
Snay v. Snarr, 195 Neb. 375, 238 N.W.2d 234 (1976)
In a paternity proceeding, only a preponderance of evidence is necessary to
sustain a verdict.
Snodgrass v. Snodgrass, 241 Neb. 43, 486 N.W.2d 215 (1992)
When the trial court in the original decree determined paternity, and no appeal
was taken, that determination is final.
Appellant chose not to assert that the older child was not his at any time until after
appellant had been determined to be in contempt. Paternity was determined by the
court in the original decree herein. That determination was not appealed and is,
therefore, final. Appellant raises no new facts or circumstances which require the
district court to reopen the decree.
State on behalf of Cooper v. Harmon, 2 Neb. App. 612, 512 N.W.2d 656 (1994)
Relevant evidence of paternity includes evidence of sexual intercourse between the
mother and alleged father at any possible time of conception and the results of blood
testing. Corroboration means independent evidence which tends to strengthen or
otherwise to confirm the testimony of the mother of the child whose paternity is in
issue.
State on behalf of Dady v. Snelling, 10 Neb. App. 740, 637 N.W.2d 906 (2001)
Under § 43-1415(3), evidence of genetic testing results can be introduced without
foundational testimony or other proof of authenticity or accuracy in regard to the
testing itself, unless there is a written request for personal testimony of the expert at
least 30 days prior to trial.
State on Behalf of Hopkins v. Batt, 253 Neb. 852, 573 N.W.2d 425 (1998)
Note: Portions of this opinion are thrown into serious doubt by Cesar C. v. Alicia L., 281 Neb.
979, ___ N.W.2d ____ (July 2011). This case may be limited to its own unusual set of facts.
Th[e] statutory presumption [of paternity in the husband of the biological mother
contained in §42-377] may be rebutted by clear, satisfactory, and convincing
evidence. In a paternity action, the mother and the alleged father are competent to
testify that a child’s parentage is contrary to the presumption of legitimacy.
In the absence of a biological relationship between a husband and his wife’s child,
the husband may acquire certain rights and responsibilities when he elects to stand
- 152 -