LINCOLN, Neb. (AP) — The Nebraska Supreme Court says a judge was wrong to reverse a Minnesota man's order to pay child support because a DNA test says he wasn't the father.
The Lincoln Journal-Star (http://bit.ly/1jFKijw ) reports a majority of the split court says in Friday's ruling that the district court overstepped authority by turning a motion to modify child support payments into a paternity challenge.
Justice Lindsey Miller-Lerman wrote that the man in the case identified only as Brian F. is still legally the child's father.
The court sent the case back to the district court to modify the child support agreement.
Justices William Connolly and Michael McCormack disagreed saying under 1996 statutes the man had no obligation to continue paying child support if he could prove he was not a child's father.