Child Support Enforcement - Sarpy County Nebraska

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.
§43-1411.01. Paternity or parental support; jurisdiction; termination of parental rights;
provisions applicable.
(1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be
initiated by filing a complaint with the clerk of the district court as provided in section 25-2740.
Such proceeding may be heard by the county court or the district court as provided in section
25-2740. A paternity determination under sections 43-1411 to 43-1418 may also be decided in a
county court or separate juvenile court if the county court or separate juvenile court already has
jurisdiction over the child whose paternity is to be determined.
(2) Whenever termination of parental rights is placed in issue in any case arising under sections
43-1401 to 43-1418, subsection (5) of section 42-364 and the Parenting Act shall apply to such
proceedings.
Source: Laws 1997, LB 229, § 38; Laws 1998, LB 1041, § 46; ; Laws 2004, LB 1207, § 40; ; Laws
2008, LB1014, § 46.; Operative date Operative date April 17, 2008
§43-1412 Paternity; action to establish; procedure; public hearings prohibited; evidence;
default judgment; decree; payment of costs and fees.
(1) The method of trial shall be the same as that in other civil proceedings, except that the trial
shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a
proceeding instituted by the mother or the guardian or next friend, or (b) by the mother, in a
proceeding instituted by the alleged father. It being contrary to public policy that such
proceedings should be open to the general public, no one but the parties, their counsel, and others
having a legitimate interest in the controversy shall be admitted to the courtroom during the trial
of the case. The alleged father and the mother shall be competent to testify. The uncorroborated
testimony (i) of the mother, in a proceeding instituted by the mother or the guardian or next
friend, or (ii) of the alleged father, in a proceeding instituted by the alleged father, shall not
alone be sufficient to support a verdict or finding that the alleged father is actually the father.
Refusal by the alleged father to comply with an order of the court for genetic testing shall be
deemed corroboration of the allegation of paternity. A signed and notarized acknowledgment of
paternity or a certified copy or certified reproduction thereof shall be admissible in evidence in
any proceeding to establish paternity without the need for foundation testimony or other proof of
authenticity or accuracy.
If it is determined in this proceeding that the alleged father is actually the father of the child, a
judgment shall be entered declaring the alleged father to be the father of the child.
(2) A default judgment shall be entered upon a showing of service and failure of the defendant
to answer or otherwise appear.
(3) If a judgment is entered under this section declaring the alleged father to be the father of the
child, the court shall retain jurisdiction of the cause and enter such order of support, including the
amount, if any, of any court costs and attorney’s fees which the court in its discretion deems
appropriate to be paid by the father, as may be proper under the procedure and in the manner
specified in section 43-512.04. If it is not determined in the proceeding that the alleged father is
actually the father of the child, the court shall, if it finds that the action was frivolous, award
court costs and attorney’s fees incurred by the alleged father, with such costs and fees to be paid
by the plaintiff.
- 138 -