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Stacy M. v. Jason M.

Supreme Court of Nebraska

February 13, 2015

STACY M., APPELLEE,
v.
JASON M., APPELLANT

Page 853

Appeal from the District Court for Adams County: Terri S. Harder, Judge.

John B. McDermott, of Shamberg, Wolf, McDermott & Depue, for appellant.

No appearance for appellee.

HEAVICAN, C.J., CONNNNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 854

[290 Neb. 142] Stephan, J.

After the dissolution of his marriage became final, Jason M. discovered through genetic testing that he was not the biological father of a child born during the marriage. He sought equitable relief in the form of an order suspending his child support obligation without terminating the parental relationship. He now appeals from

Page 855

an order denying his requested relief. We affirm.

[290 Neb. 143] FACTS

Jason and Stacy M.'s marriage was dissolved by a decree entered by the district court for Adams County in March 2011. Although the decree itself is not included in the record, other evidence establishes that it required Jason to pay child support for three minor children. The oldest child is now of age, so Jason is currently paying approximately $600 per month in child support for the two younger children born during the marriage.

Jason suspected during the marriage that he was not the biological father of the youngest child, but he did not raise the issue of paternity in the dissolution proceedings. In 2013, Jason obtained genetic testing which established he was not the father of the child. Through counsel, he subsequently filed a pleading entitled " Action in Equity to Suspend Child Support." He alleged Stacy knew the identity of the youngest child's biological father but refused to obtain child support from him. He asserted the appropriate " equitable remedy" was to suspend his obligation to pay child support for the youngest child.

Stacy filed a pro se responsive pleading in which she alleged she did not know the identity of the child's biological father, because she was " taken advantage of and [had] no knowledge of by whom." She further alleged that she always assumed Jason was the child's father and that Jason " is ...


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