Fetherkile v. Fetherkile (Nebraska 2018)

299 Neb. 76 (2018)
February 2018

A paternity determination made pursuant to Neb. Rev. Stat. § 43-512.04 is res judicata as to that issue. In this case, the mother and father stipulated to a paternity and support order prior to filing for divorce. The parents then filed for divorce, and the mother testified the father was not the child’s biological father. The lower court included the support amount from the paternity action in the divorce decree, and the father appealed. The Supreme Court found that a paternity order, like a divorce decree, is res judicata as long as it is made by a court of competent jurisdiction, is final, is a judgment on the merits, and the parties are the same. The Supreme Court also found that it is not necessary for a court to attach a child support worksheet in cases where the court incorporates a support amount from an existing order.