McCarson v. McCarson

NATURE OF CASE

Kevin S. McCarson filed a petition for modification of the decree dissolving his marriage to Jill S. McCarson, now known as Jill S. Amoruso, claiming that the minor child bom during the McCarsons’ marriage is not Kevin’s child as represented in the decree. The district court granted Kevin’s motion for summary judgment and terminated Kevin’s child support obligation. Jill now appeals, claiming that Kevin’s petition is barred by res judicata pursuant to our decision in DeVaux v. DeVaux, 245 Neb. 611, 514 N.W.2d 640 (1994), in which this court concluded that the finding of…