State ex rel. B.M. v. Brian F.
Annotate this CaseAfter B.M. was born in 1994, Brian F. signed an acknowledgement of paternity stating that he was the biological father of B.M. In 1996, a decree of paternity established Brian F. as the legal father of the child and ordered him to pay child support. More than a dozen years later, Brian sought to reduce or terminate his child support obligation. During the course of the modification proceedings, genetic testing results revealed that Brian was not B.M.’s biological father. Based on the results of the genetic testing, the district court converted the action to modify child support to a disestablishment action and terminated Brian’s child support obligation. The Supreme Court reversed, holding that the district court erred in treating this modification of child support proceeding as a successful challenge to the acknowledgment, setting aside the finding of paternity, and terminating Brian’s child support obligation. Remanded.
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