Child Support Enforcement - Sarpy County Nebraska

Neb. Rev. Stat. § 43-1412.01 (Reissue 2008) gives the court discretion to determine
whether disestablishment of paternity is appropriate in light of both the adjudicated
father’s interests and the best interests of the child.
[I]t is hard to imagine, as a practical matter, a circumstance after 2008 in which an
out-of-wedlock child’s paternity would be established by means other than notarized
acknowledgment or genetic testing.
[G]enetic testing can now relieve presumed fathers of their traditional support
bligetions, while at the same time imposing support obligations on men who
engaged in out-of-wedlock relations which resulted in the child’s conception.
While the presumption of paternity has not changed, its role in protecting children
has become less vital with the advent of genetic testing and the shifting focus of the
law from marital to biological ties.
With changing societal values regarding illegitimacy and the advent of genetic
testing, the marital presumption has become less important as a tool for ensuring a
child’s support by both parents, and the legal environment has become more
concerned with biological ties to fatherhood.
While (§ 43-1412.01) fails to precisely detail what circumstances should be
considered in weighing the interests of the parties, we believe it would be appropriate
for the court to consider the child’s age, the length of time since the
establishment of paternity, the previous relationship between the child and the
established father, and the possibility that the child could benefit from establishing
the child’s actual paternity.
State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)
Nemec v. Nemec, 219 Neb. 891, 367 N.W.2d 705 (1985)
full and complete general jurisdiction over the entire marital relationship and all
related matters, including child custody and support, is vested in the district court in
which a petition for dissolution of a marriage is properly filed
Because the child was conceived while the father and mother were married [even
though conception occurred several months following the signing of the divorce
decree] and is the product of that marriage, custody and support issues respecting
the child must be determined through a modification of the dissolution decree rather
than through a paternity action.
Domicile
(See also : Removal of Minor Child from Nebraska)
Clymer v. La Velle, 194 Neb. 91, 230 N.W.2d 213 (1975)
Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001)
A minor child who is away at college still retains the home state domicile of the custodial parent,
and still remains an unemancipated child.
Domicile is that place where a person has his or her true, fixed, and permanent
home.
The habitation or residence of a minor child is, by operation of law, determined and
fixed by that of the parent legally entitled to the custody and control of the child
unless the parent has voluntarily surrendered such right.
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