A-22-0230, Schulte v. Hawk
Lancaster County, District Court, Judge Lori Maret
Attorney for Appellant: Nicholas R. Glasz (Glasz Law Firm)
Attorney for Appellee: Laura A. Lowe (Laura A. Lowe, P.C.)
Paternity Action
Action Taken by Trial Court: Evan Schulte filed a complaint in October 2021 against Laura Hawk for “Paternity, Custody, Visitation and Support” of a minor child who was born in May 2017. Hawk filed a motion to dismiss the action, stating that the 4-year statute of limitations set forth in Neb. Rev. Stat. § 43-1411 (Cum. Supp. 2022) had expired. Following a hearing on Hawk’s motion, the district court dismissed the case for “lack of subject matter jurisdiction.”
Assignments of Error on Appeal: Schulte assigns that the district court erred in dismissing his complaint for lack of subject matter jurisdiction and applying the 4-year statute of limitations set forth in § 43-1411 when paternity had already been established by genetic testing, which he claims “creates the same or greater presumption of paternity as a notarized acknowledgment of paternity.” Schulte also contends that § 43-1411 violates the Nebraska and U.S. Constitutions.