An individual may file a complaint for relief and the court may set aside a final judgment, court order, administrative order, obligation to pay child support, or any other legal determination of paternity if a scientifically reliable genetic test performed in accordance with sections 43-1401 to 43-1418 establishes the exclusion of the individual named as a father in the legal determination. The court shall appoint a guardian ad litem to represent the interest of the child. The filing party shall pay the costs of such test. A court that sets aside a determination of paternity in accordance with this section shall order completion of a new birth record and may order any other appropriate relief, including setting aside an obligation to pay child support. No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending complaint for relief from a determination of paternity under this section, but only from the date that notice of the complaint was served on the nonfiling party. A court shall not grant relief from determination of paternity if the individual named as father (1) completed a notarized acknowledgment of paternity pursuant to section 43-1408.01, (2) adopted the child, or (3) knew that the child was conceived through artificial insemination.
Notes of Decisions
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018).
· cites it 6× “CI 14-12 or claims that the judgment was void for want of jurisdiction; so, the judgment is not subject to collateral attack by relitigation in this case, absent compliance with § 43-1412.01 or a motion to vacate or modify the decree in light of fraud, mistake, or as set forth…”
Erin W. v. Charissa W., 297 Neb. 143 (Neb. 2017).
· cites it 12× “Neb. Rev. Stat. § 43-1412.01 (Reissue 2016) appears in a series of statutes dealing with paternity of children born out of wedlock, but it also applies to adjudicated fathers of children born during a marriage who are seeking to disestablish paternity after a dissolution decree.”
Stacy M. v. Jason M., 290 Neb. 141 (Neb. 2015).
· cites it 14× “Neb. Rev. Stat. § 43-1412.01 (Reissue 2008) overrides res judicata principles and allows, in limited circumstances, an adjudicated father to disestablish a prior, final paternity determination based on genetic evidence that the adjudicated father is not the biological father.”
Bryson L. v. Izabella L., 302 Neb. 145 (Neb. 2019).
· cites it 2× “Thus, David sought to be included in the dissolution case in order to disestablish Bryson's custodial rights to the child under Neb. Rev. Stat. § 43-1412.01 (Reissue 2016).”
State on behalf of Miah S. v. Ian K., 306 Neb. 372 (Neb. 2020).
· cites it 6× “01 (Reissue 2016), which provides in relevant part: An individual may file a complaint for relief and the court may set aside a final judgment, court order, admin- istrative order, obligation to pay child support, or any other legal determination of paternity if a scientifically…”
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020).
· cites it 3× “” Therefore, under the statutory scheme, before Sara could challenge paternity and subject Tyler to genetic test- ing, she needed to overcome the acknowledgment establishing Tyler was J.F.’s legal father by showing fraud, duress, or mate- rial mistake.”
Benjamin M. v. Jeri S., 307 Neb. 733 (Neb. 2020).
· cites it 3× “01 authorizes the setting aside of a final judgment, a court order, an administrative order, an obli- gation to pay child support, or any other legal determination of paternity if a scientifically reliable genetic test performed establishes the exclusion of the individual named…”
Dylan H. v. Brooke C., 317 Neb. 264 (Neb. 2024).
· cites it 3× “The district court determined that § 43-1409 applied because of its explicit provisions for challenging a notarized acknowledgment based on fraud or material mistake of fact. Brooke and Brandon moved to dis- miss the third-party complaint, and the motion was overruled.”
Chatterjee v. Chatterjee, 986 N.W.2d 283 (Neb. 2023).
· cites it 2× “Conversely, civil proceedings to disestablish paternity are governed by § 43-1412.01, which provides in relevant part: An individual may file a complaint for relief and the court may set aside a final judgment, court order, admin- istrative order, obligation to pay child…”
State on behalf of B.M. v. Brian F. (Neb. 2014).
· cites it 28× “The State further argued that because Brian signed and had the acknowledgment notarized, his paternity could not be disestablished under Neb. Rev. Stat. § 43-1412.01 (Reissue 2008).”
In re Interest of Sarah H. (Neb. Ct. App. 2013).
· cites it 9× “Neb. Rev. Stat. § 43-1412.01 (Reissue 2008) provides a means to set aside an otherwise final legal determination of paternity, including an obligation to pay child support.”
Dowding v. Dowding (Neb. Ct. App. 2019).
· cites it 4× “Pursuant to Neb. Rev. Stat. § 43-1412.01 (Reissue 2016): An individual may file a complaint for relief and the court may set aside a final judgment, court order, administrative order, obligation to pay child support, or any other legal determination of paternity if a…”
— Neb. Rev. Stat. § 43-1412.01(1) — 1 case
Dowding v. Dowding (Neb. Ct. App. 2019).
“Pursuant to Neb. Rev. Stat. § 43-1412.01 (Reissue 2016): An individual may file a complaint for relief and the court may set aside a final judgment, court order, administrative order, obligation to pay child support, or any other legal determination of paternity if a…”
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