S-17-0723 State obo Marcelo K. and Rycki K. v. Ricky K.
District Court of Douglas County, Hon. Marlon Polk
Attorneys: Theodore P. Arndt (for Appellant, the State) v. Willow Head (for Appellee Ricky K.)
Civil: Child Support/Paternity disestablishment
Proceedings Below: The State filed a complaint to establish child support against Ricky K. He filed a motion to set the action aside. The referee issued a report, recommending the motion be denied. The district court took exception to the referee’s recommendation and granted Ricky K.’s motion to set aside. The State appealed.
Issues: The District Court abused its discretion when it determined that the Defendant met his burden to show fraud, duress, or material mistake of fact, in the signing of the notarized acknowledgment, and in further finding that the notarized acknowledgment of paternity in this case was successfully challenged.