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Questions Answered by Julie Fowler
1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My husband and I ended our relationship and I have gotten my own place. Am I obligated to allow him to stay with me?

We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I shouldn't take a plea deal if I am innocent correct

I bought a carfrom a lady we both counted the money and then proceeded to write up bill of sale and sign the title the next day cops came and took my car and said the lady said I gave her fake money they checked the money in my wallet and seen I had no fake money I had just recently sold some land... Read more »

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

You need to speak with your criminal defense attorney about your best options. If I have a client who states they are innocent, I prepare the case for trial and try to gather the evidence to prove the client is innocent. If the client ultimately decides to take a plea deal instead of going to... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: I was incarcerated for 15 yrs now I owe over $50,000 in arrearages can this amount be forgiven?
Julie Fowler
Julie Fowler
answered on Nov 3, 2022

Yes. If the party that is owed the money wants to forgive the child support debt, the Court will generally allow it. If the party who is owed the money doesn't want to write it off, then your options are often limited and you may likely need to start making payments towards the debt.

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Nebraska on
Q: I am trying to find the class action law suit filed against a pool builder in Omaha, NE. Where would I find this info?

This would have been filed against Stanger Enterprise DBA Premier Pools which is now located in Valley, NE.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If you want to search for cases that have been filed against a specific party in Nebraska, you can search the Court cases by party name. You can do this online through the case files available on the Nebraska Judicial Branches website. If you want to look at case specific information beyond party... Read more »

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: I self filed for a complaint to Establishing Paternity, Custody, Parenting Time, and Child Support.

Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If it is an original action (not a modification of a prior order), then the Court will normally allow the parties to set the case for a temporary hearing. You are not required to have an attorney to assist you with a custody case. However, you are still held to the same court rules and procedures... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... Read more »

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If your goal is to stop the child support, you probably don't need an emancipation action, but you will need a court order to terminate the child support order before the child turns 19 year old. If the other party is willing to work with you, you may be able to do this with a stipulated... Read more »

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2 Answers | Asked in Child Custody for Nebraska on
Q: Is a judge able to refuse to hear a contempt case I filed on my daughter's father for refusing 9 court ordered visits?
Julie Fowler
Julie Fowler
answered on Nov 3, 2022

Yes, if it wasn't filed properly or doesn't meet the threshold legal standard to have it set for a hearing, the judge can deny it without setting for hearing. It is very unusual for these not to be set for hearing if they were otherwise filed correctly. When a person's show... Read more »

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1 Answer | Asked in Criminal Law for Nebraska on
Q: I just got witness summoned to ND. I now reside in NE. 1300mi rnd trip, plus food/lodging. Do I have to go?

A immobile woman was found to have 2 broken legs, because the N.A. on the floor 4hrs. before my shift, had transferred her to bed, without assistance. She is now having charges brought against her. I am on disability and walk with braces and cane. My muscles are fading away slowly. In my... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You would need to talk with an attorney who practices in North Dakota if that is where the subpoena came from. At least in Nebraska, there are rules about having to compensate witnesses to appear at a hearing.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I have a court date Wednesday for a failure to yield ticket. Lawyer is requesting court to go straight to trail but…

I wanted to contest it and see if judge would throw it out at the hearing. I had a green light with all other lights solid green. The other lady is contesting saying she had a green light as well. Insurance had hired an investigator but the other lady won’t allow insurance or investigator to look... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

You will need to talk with your attorney about your best options. Not all intersections have cameras. Sometimes car accidents are he-said/she-said. There are ways for the Court to order an inspection of evidence as part of the discovery process. You would need to talk with your attorney about... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: How do I get out of my lease for security reasons? I have proof and have contacted the mgmnt co and it still continues.

The apartment building I live in has key secure entrances...sometimes. People that live there or don't live there leave the doors lodged open with any freaking thing they can find to get in the building from paper to a nickel. I have lived there when other mgmnt co ran it and it was so worse... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

Nebraska Legal Aid has put together a handbook that is often a good place to start for these type of questions.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Consumer Law for Nebraska on
Q: My wife and I bought a car from a used car dealership 3 months ago.

The dealer did not disclose that it had a rebuilt title. We checked the CARFAX and it was a salvage title in Mississippi. The car has been having issues and is currently not operational. The dealer told my wife that the car was never repaired, but when I talked to him today he stated that the car... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

If you purchased a vehicle that you at least knew had a salvage title, you would have known that some major repairs had to have been done on the vehicle in order to make it operational again after a total loss. You will want to review your purchase agreement in detail. If the vehicle was... Read more »

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: I want to sell digital art online through my own website. I live in Nebraska.

What tax and business law will i have to follow? When would i need to start paying taxes? Do I need a permit or anything like that? Where can i find accurate info about this?

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

The US Small Business Association might be a good place for you to start. The website of the Nebraska District Office of the SBA has tools to help small business owners get answers to their questions. For example, it looks like there is a seminar today in Lincoln, Nebraska about What's... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: How does Nebraska determine if someone only owes 10% of their monthly income in child support?

What are the guidelines for being “low-income”

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

This is how the Nebraska Child Support Guidelines defines minimum support:

§ 4-209. Minimum support.

Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: We received a vacate notice from our landlord even though we have faithfully paid rent despite his failure to do repairs

We have been told to vacate our rental within 30 days. We were notified shortly after an ongoing plumbing issue was addressed. We have faithfully paid rent despite the repairs our landlord had failed to do, minus the one my husband did because of the fire hazard and lack of smoke detectors. We do... Read more »

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

It depends in large part on the terms of your lease agreement. If your lease is up and the lease only requires your landlord to now give 30 days notice to vacate, it may be within the property owner's rights to ask you to leave in accordance with the terms of the lease. You would need to... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: I have legal custody of my son his mother had a visitation with him and she refuses to return him and has left the state

I called the cops and they say it's a civil matter even though I have legal custody of my son we've been through Court

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

There are a number of options here depending on the specific circumstances of your case. Law enforcement is sometimes the last resort. Sometimes law enforcement won't assist without a further court order. Depending on the circumstances, you may need to get an order stating that law... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: When selling a house is it illegal to give a car away with the purchase of the house?

Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?

Julie Fowler
Julie Fowler
answered on May 4, 2022

If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: What can I do if I’ve been ineffectively represented by court appointed counsel?

I have an email where counsel literally denies my request to take action because of indigent status. Can I be denied rights guaranteed by the constitution for asking the courts for a lawyer instead of paying one?

Julie Fowler
Julie Fowler
answered on May 4, 2022

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Why is there only a 10 day time frame to file motion for new trial following a verdict?
Julie Fowler
Julie Fowler
answered on May 4, 2022

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I got pulled over for an expired registration (over 2 years) and was cited for that with a court date.

I was also cited for wheel tax and no proof of financial responsibility of the vehicle, which I think has something to do with my insurance even though it's current? I plan on updating my registration this month and my court date is in June. This is the first time this has happened to me, so I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

You will want to provide proof to your attorney ahead of the court date that you got things updated/resolved prior to the Court date. Depending on what your record is and specific facts of your case, you may just be looking at a fine or you may still be looking at jail time. Generally these type... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: How long does DNA test results take to come back in court ordered paternity?

Follow up to other question - friend got the court order to do genetic testing for twins that a woman claims are his but she doesn't have custody. The kids are in foster care and state has filed to terminate her rights. He is currently in jail and pending revocation of probation. How long do... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Paternity tests result speeds depend on the lab. You can generally get rush results within a few days. Normally you would expect results from most labs within a few weeks.

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