State v. Jarvel (Nebraska 2019)

No. A-18-623 (Neb. Ct. App. 2019)
June 2019

A nonsupporting party is the necessary party in a proceeding for child and medical support. A parent who appears at a hearing waives a claim to defective service. The state of Nebraska filed a complaint against the father to establish paternity and support. At the initial hearing, the father requested a continuance. He then failed to appear at the next hearing. The referee heard testimony and made a recommendation to the district court as to a support amount and arrears, which the district court approved. The father filed various motions, including a motion for a new trial because of irregularities in the trial proceeding. The district court denied all his motions, and he appealed. He argued the district court lacked subject matter jurisdiction because the mother was not a party to the action. The court of appeals found this argument without merit. The proceeding benefited the children. She was already financially supporting the children. The father also argued he was not properly served with the initial complaint and notice of the hearings. The court of appeals reviewed the process that was followed for service and providing the father with notice and found no evidence to support his arguments.