VOLUNTARY PATERNITY ACKNOWLEDGMENT
AND PARENTAGE AGREEMENT
(State of Nebraska)
[// GUIDANCE: This template is drafted for use in addition to the State of Nebraska’s official Voluntary Acknowledgment of Paternity (VAP) form. Execution of the VAP remains mandatory to create a legally-recognized parent-child relationship under Nebraska law and federal child-support requirements (see 42 U.S.C. § 666(a)(5)). Customize bracketed items, attach required exhibits, and confirm all facts before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Effective Date. This Voluntary Paternity Acknowledgment and Parentage Agreement (this “Agreement”) is entered into and made effective as of [DATE] (the “Effective Date”).
1.2 Parties.
(a) “[MOTHER FULL LEGAL NAME]” (“Mother”), residing at [ADDRESS];
(b) “[FATHER FULL LEGAL NAME]” (“Acknowledged Father” or “Father”), residing at [ADDRESS]; and
(c) “[CHILD FULL LEGAL NAME],” born [DATE OF BIRTH] in [COUNTY], Nebraska (the “Child”).
1.3 Recitals.
A. Mother and Father are the biological parents of the Child.
B. The parties desire voluntarily to acknowledge paternity of the Child and to allocate parental rights and responsibilities in accordance with Nebraska law and the Nebraska Child Support Guidelines.
C. Consideration for this Agreement consists of the parties’ mutual promises, the filing of the VAP, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below:
“Agreement” has the meaning provided in Section 1.1.
“Acknowledged Father” or “Father” means the individual executing this Agreement in that capacity.
“Child” has the meaning provided in Section 1.2(c).
“Child Support Guidelines” means the Nebraska Child Support Guidelines, as amended from time to time.
“Court” means the District Court or Separate Juvenile Court of competent jurisdiction sitting as a family court for the State of Nebraska.
“Effective Date” has the meaning provided in Section 1.1.
“Parenting Plan” means the mutually agreed schedule for legal custody, physical custody, and parenting time attached as Exhibit A, or as later modified by court order.
“VAP” means the official Nebraska Voluntary Acknowledgment of Paternity form prescribed by the Nebraska Department of Health and Human Services.
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity.
(a) Simultaneously with execution of this Agreement, the parties shall complete, sign, and have notarized the VAP.
(b) The completed VAP shall be filed promptly with the Nebraska Department of Health and Human Services, Division of Vital Records.
3.2 Custody and Parenting Time.
(a) The parties adopt the Parenting Plan attached as Exhibit A.
(b) Any modification must comply with Neb. court rules and be approved by the Court.
3.3 Child Support.
(a) Commencing on the first day of the month following the Effective Date, Father shall pay child support in the amount of [$AMOUNT] per month, calculated in accordance with the Child Support Guidelines and the Child Support Worksheet attached as Exhibit B.
(b) Support shall be paid through the Nebraska Child Support Payment Center via income withholding unless otherwise ordered by the Court.
(c) Health-care coverage, unreimbursed medical expenses, childcare costs, and tax dependency exemptions shall be allocated as detailed in Exhibit B.
3.4 Genetic Testing (Optional Safeguard).
[OPTION 1 – IF GENETIC TESTING COMPLETED PRIOR TO EXECUTION:]
The parties acknowledge that accredited genetic testing conducted on [DATE] established a probability of paternity of [XX] percent or greater for Father; a copy of the laboratory report is attached as Exhibit C.
[OPTION 2 – IF GENETIC TESTING CONTEMPLATED:]
Upon written request of either party within [NUMBER] days of the Effective Date, the parties shall cooperate in accredited genetic testing at Father’s expense unless otherwise allocated by the Court.
3.5 Conditions Precedent. Filing of the VAP and, where elected, completion of genetic testing are conditions precedent to the enforceability of Sections 3.2 and 3.3.
3.6 Rescission Window. Either party may rescind the VAP within sixty (60) days after the date of execution or prior to the entry of a related court order, whichever occurs first, by submitting a notarized rescission to Vital Records. Rescission automatically terminates this Agreement without further action, except as to accrued support.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations. Each party represents and warrants that:
(a) He or she is at least eighteen (18) years old and legally competent.
(b) He or she has executed or will execute the VAP voluntarily, without fraud, duress, or material mistake of fact.
(c) No other individual claims paternity of the Child, or, if such claim exists, it has been fully resolved and dismissed.
(d) No prior court order adjudicates paternity of the Child.
(e) Entry into this Agreement does not violate any court order, statute, or contract to which the party is subject.
4.2 Survival. The representations and warranties in this Section survive execution of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. The parties shall timely execute all documents, attend all hearings, and take all actions reasonably necessary to implement this Agreement and any resulting court orders.
5.2 Relocation Notice. A relocating parent must provide written notice at least thirty (30) days in advance of any change of residence that would materially affect the Parenting Plan.
5.3 Non-Interference. Neither parent shall do anything to impair the Child’s relationship with the other parent or to impede the other parent’s lawful access to educational, medical, or extracurricular information.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to pay child support when due.
(b) Violation of the Parenting Plan.
(c) Failure to cooperate in genetic testing (if applicable).
6.2 Notice and Cure. Except for emergent circumstances affecting the Child’s safety, a non-defaulting party shall provide written notice specifying the default. The defaulting party has ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults.
6.3 Remedies.
(a) Court enforcement via contempt proceedings, income withholding, tax intercepts, and any other remedies available under state or federal law.
(b) Make-up parenting time or supervised visitation as the Court deems appropriate.
(c) Award of attorney fees and costs to the prevailing party.
7. RISK ALLOCATION
7.1 Indemnification. [Not applicable by agreement of the parties.]
7.2 Limitation of Liability. Each party’s monetary exposure under this Agreement is limited to statutorily imposed child support obligations, court-awarded fees, and costs expressly provided herein.
7.3 Force Majeure. A party prevented from timely performance by reason of acts of God, war, epidemic, or other events beyond his or her reasonable control shall provide prompt notice; obligations are suspended only to the extent and duration of the event, except for child support, which shall continue to accrue subject to later modification by the Court.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and any dispute arising hereunder are governed by the laws of the State of Nebraska relating to paternity and child support.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the state family court of [COUNTY], Nebraska.
8.3 Arbitration. Not available; matters of paternity and child support must be adjudicated by the Court.
8.4 Jury Waiver. To the extent a jury trial might otherwise be available, the parties knowingly waive the right to trial by jury; however, Nebraska family-court proceedings are customarily bench trials.
8.5 Injunctive Relief. The Court may grant temporary or permanent injunctive relief necessary to enforce support obligations or protect the Child’s welfare without the necessity of posting bond.
9. GENERAL PROVISIONS
9.1 Amendment and Waiver. Any amendment must be in writing, signed by both parties, and approved by the Court. A waiver of any breach does not constitute a waiver of any other or subsequent breach.
9.2 Assignment. Parental rights and obligations are personal and may not be assigned or delegated.
9.3 Successors and Assigns. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held unenforceable, the remaining provisions shall be construed to effectuate the parties’ intent to the fullest extent permissible.
9.5 Integration. This Agreement, together with the VAP and exhibits, constitutes the entire agreement of the parties with respect to paternity, superseding all prior oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures transmitted electronically or by facsimile are deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Mother:
[MOTHER NAME]
Acknowledged Father:
[FATHER NAME]
Date of Signatures: [DATE]
NOTARY ACKNOWLEDGMENT
State of Nebraska )
) ss.
County of [COUNTY] )
The foregoing instrument was acknowledged before me this _ day of __, 20_, by [NAME OF SIGNATORY].
Notary Public
My Commission Expires: _____
EXHIBITS
Exhibit A – Parenting Plan
Exhibit B – Child Support Worksheet and Allocation of Expenses
Exhibit C – Genetic Test Report (if applicable)
[// GUIDANCE: Attach all exhibits before signing. File the notarized VAP with Vital Records immediately. After filing, submit this Agreement and proposed Parenting Plan to the Court for approval and incorporation into a decree of paternity/support.]