S-12-1123, State of Nebraska obo Brian M. v. Brian F.
Douglas County, Judge Peter Bataillon
Attorneys: Kathryn L. Hoyme (State of Nebraska)/ Pro se Appellee
Civil: This is the State’s appeal from Brian F.’s successful petition to have a decree of paternity set aside, based on genetic testing, and to terminate his child support obligations.
Issue: Whether the court correctly determined that § 43-1412.01 did not govern whether Brian F. could challenge a decree of paternity because (1) Brian F. had signed an acknowledgement of paternity before the statute was enacted and (2) under § 43-1409, the facts showed a material mistake of fact.