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].
Jones v. Paulson, 261 Neb. 327, 622 N.W.2d 857 (2001)
What’s in a name? Plenty of stuff to fight over, it seems…
Citing § 71-640.03:
(1) In any case in which paternity of a child is determined by a court of competent jurisdiction,
the surname of the child may be entered on the record the same as the surname of the father.
(2) The surname of the child shall be the parents' prerogative, except that the Department of
Health and Human Services Finance and Support shall not accept a birth certificate with a child's
surname that implies any obscene or objectionable words or abbreviations.
In a paternity action, a court, in deciding whether a child's surname should be
changed to the father's surname under § 71-640.03(1), must consider the best
interests of the child regarding a change of name.
Mooney v. Duer, 1 Neb. App. 84, 487 N.W.2d 575 (1992)
In this case the state filed the petition alleging paternity before the results of genetic testing
(which was already in progress) came back. The Mom was inconsistent and vague in her
assertions that the man named as the father actually was. One other man had apparently been
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