He is abusive and I don't want him have my address. He is withholding the payment until I give him the information. I need that income to make my monthly bills. Can you tell me what my legal options are?
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 »
Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to...Read more »
For contempt, the Judge must first determine the threshold question of whether the facts as stated in the Application or Motion for Contempt or Order to Show Cause would make a prima facie case for contempt. If so s/he will sign the Order. If not, s/he will decline to sign the Order. If the Order...Read more »
This might be two different questions from reading the above:
1) She must either be served by Sheriff with the Complaint for Dissolution OR sign a Voluntary Appearance in order for Nebraska to grant your divorce. The mandatory 60 day waiting period cannot commence until one of those...Read more »
The plaintiff is my ex bf whom I have a restraining order on and that no longer lives with me. The notice does not state what the reason is for the hearing. Clerk of the District Court said they do not have that information and that I should have an attorney with me on that date but I cant hire a... Read more »
You would be well served to schedule a consultation with an attorney and bring in the notice of hearing you received. A Nebraska attorney can review the document and access the public court file and tell you what the hearing is about. For example, has your ex filed for a hearing on the protection...Read more »
She works at the same school he attends and she either keeps him home when she doesn't want to go to work or when she does go she takes him out 2-3 hours early when she leaves. I've talked to the assistant principal and she told me she's talked with my ex wife, but she gets the... Read more »
The only way to have an evaluation of your specific case would be to have a confidential consultation with an attorney who is experienced in family law and familiar with the Judge on your matter and to review your current Parenting Plan and court orders as well as the child's current...Read more »
Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an...Read more »
In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... Read more »
Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the...Read more »
Either parent is free to pay anything additional you would like. If you wish to raise it through the courts, that requires filing a Complaint to Modify and Voluntary Appearance and Stipulation and proposed Order to make a change that is permanent and enforceable. Generally the change needs to be...Read more »
I was adopted back in 2016 of the start of the year. I am 18 now and was kicked out of my home for “not doing what’s best for me” when I had job interviews scheduled they refused to take me. I have been asking them nicely for my belongings and I learned from my little sister who lives in that... Read more »
The legal age of majority is 19 years old in Nebraska, not 18 years old, and legally your parents are still responsible for you. Start with the child abuse hotline and see if NDHHS can suggest some resources for you. There is likely not a lot of recourse for your personal property unless it was...Read more »
Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »
Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will...Read more »
If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit...Read more »
My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?
Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing...Read more »
Child Support and Parenting Time are two separate issues. Not paying support doesn't prevent you from visiting and paying support doesn't guarantee a right to visit. Alot depends on whether the guardianship is full or partial. A guardian simply steps into the shoes of a parent and has the...Read more »
However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.
From the way I read this question, you are seeking to have a partner/significant other replace the biological parent who is not involved or is only involved with child to pay support. If that's correct, here would be my answer:
1) If you are primarily concerned about what would happen...Read more »
Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be...Read more »
The judge established he should pay $350+ per month (in Nebraska). Will my daughter see any of that money or does the state take it all? Also, the amount seems very high for someone making only 11 bucks an hour. They said the judge set it according to what his "earning potential" is. Can... Read more »
Yes, your daughter receives the child support directly. Earning potential means income was imputed at the level he could be reasonably expected to earn. (A parent cannot voluntarily quit a job or work for less money to avoid supporting their child/ren). If the parties reside together in the future,...Read more »
Yes. Ex parte motion must meet the emergency level but it only has to be signed by the Court- not necessarily on file or public record. They only have 5 days to file a Petition following that Order and a temporary custody hearing must be held in a timely manner. If children have been removed, most...Read more »
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