43-1401. Terms, defined.

For purposes of sections 43-1401 to 43-1418:

(1) Child shall mean a child under the age of eighteen years born out of wedlock;

(2) Child born out of wedlock shall mean a child whose parents were not married to each other at the time of its birth, except that a child shall not be considered as born out of wedlock if its parents were married at the time of its conception but divorced at the time of its birth. The definition of legitimacy or illegitimacy for other purposes shall not be affected by the provisions of such sections; and

(3) Support shall include reasonable education.

Source

Annotations

Since the child was conceived while the parties were still married, it was improper to bring a paternity action rather than an action to amend the dissolution decree in order to secure support from the father. State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990).

In a proceeding under Chapter 13 (transferred to Chapter 43, article 14), the district court can modify the amount of a child support award if there is a change of circumstances. In a filiation proceeding under Chapter 13 (transferred to Chapter 43, article 14), an award of attorney fees is not allowed. State ex rel. Toledo v. Bockmann, 218 Neb. 428, 355 N.W.2d 521 (1984).

Married woman may be mother of child born out of wedlock. Gomez v. State ex rel. Larez, 157 Neb. 738, 61 N.W.2d 345 (1953).

1941 act sustained as constitutional. In re Application of Rozgall, 147 Neb. 260, 23 N.W.2d 85 (1946).

In the absence of a statute, a cause of action for the support of a child born out of wedlock does not survive against the personal representative of the alleged father. Carlson v. Bartels, 143 Neb. 680, 10 N.W.2d 671 (1941).