S-13-1052 State obo Jakai C. v. Damian C. (Appellant) v. Tiffany M. (Appellee)
Sarpy County, Judge Max Kelch
Attorneys: Amy Sherman (Appellant) --- Paul Gardner, Kevin McCoy (Smith Gardner Slusky Lazer Pohren & Rogers LLP)
Civil: Paternity; docket fee; IFP status
Proceedings below: The trial court determined the custody issues in the complaint and denied Appellant's application to modify the paternity decree. Appellant filed his Notice of Appeal. The Appellate Court docketed the father's appeal prior to the trial court denying Appellant's motion to proceed IFP on appeal. Appellant then filed an appeal of the denial to proceed IFP on appeal, which was declined by the appellate court clerk due to a pending appeal already docketed. Appellee filed a Motion for Summary Dismissal or Affirmance which was denied with a written order asking the parties to address certain issues in the briefs.
Issues: The court erred in failing to grant Appellant leave to proceed IFP. Appellant assigns as error: The court erred in (1) finding no material change in circumstances; (2) failing to modify custody; (3) failing to order the mother to pay child support; (4) increasing the father's child support obligation.