Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Paternity & Related<br />
(see also Disestablishment, Res Judicata & Paternity)<br />
An excellent overview of the issues relating to the determination of paternity may be found at<br />
www.lawny.org/index.php/advocate-page-attorney-resources-119/38-public-advocate-information/171-paternity-for-advocates<br />
Note: Changes in federal regulations, effective Jan. 3, 2011, require UIFSA Responding state<br />
IV-D agencies to pay for all DNA genetic testing in paternity related cases. Formerly it was the<br />
initiating state that was responsible for shouldering these costs. The Responding state may still<br />
look to a parent for reimbursement of these costs.<br />
See: www.acf.hhs.gov/programs/cse/pol/AT/2010/at-10-06.htm for further information.<br />
§42-377 Legitimacy of children<br />
<strong>Child</strong>ren born to the parties, or to the wife, in a marriage relationship which may be dissolved or<br />
annulled pursuant to sections 42-347 to 42-381, shall be legitimate unless otherwise decreed by the<br />
court, and in every case the legitimacy of all children conceived before the commencement of the<br />
suit shall be presumed until the contrary is shown.<br />
Source: Laws 1972, LB 820, § 31; Laws 1997, LB 229, § 21.<br />
See also §43-512.04<br />
Cavanaugh v. deBaudiniere, 1 Neb. App. 204, 493 N.W.2d 197 (1992)<br />
This section [42-377] does not create an irrebuttable presumption of legitimacy in the<br />
case of children conceived before the commencement of the dissolution action.<br />
§43-247. Juvenile court; jurisdiction.<br />
…<br />
The juvenile court shall have concurrent original jurisdiction with the district court and county<br />
court as to any juvenile defined in subdivision…(11) of this section.<br />
…<br />
(11) The paternity determination for a child over which the juvenile court already has<br />
jurisdiction.<br />
§43-512. Application for assistance; procedure; maximum monthly allowance; payment;<br />
transitional benefits; terms, defined.<br />
(1) Any dependent child as defined in section 43-504 or any relative or eligible caretaker of such a<br />
dependent child may file with the Department of Health and Human Services a written application<br />
for financial assistance for such child on forms furnished by the department.<br />
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