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Stacy M. v. Jason M.

858 N.W.2d 852 (2015)

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Stacy M. v. Jason M.

Nebraska Supreme Court

858 N.W.2d 852 (2015)

Facts

Stacy M. (defendant) had three children while married to Jason M. (plaintiff). Jason suspected that he was not the father of the third child, but did not dispute it when the two divorced, and paid child support for all three children. Genetic testing later revealed the third child was not his. Jason brought a lawsuit asking the court to end his child support as to the third child but did not want to disestablish his paternity. Jason testified that he had an excellent relationship with the child, always had visitation with him, enjoyed activities with him, and would always love him. But he felt it wasn’t his responsibility to pay child support for a child that wasn’t his. Stacy testified that she did not know the child was not Jason’s until the genetic testing. She claimed that a man at a bar drugged her and took advantage of her sexually, so she did not know who the real father was. She agreed that the child adored Jason and would be crushed to learn Jason was not his father. Last, she testified that she used Jason’s child support to support the child, and that discontinuing it would counter the child’s best interests. The trial court refused to terminate child support, and Jason appealed.

Rule of Law

Issue

Holding and Reasoning (Stephan, J.)

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