Yes. There are several factors that may affect legal rights and responsibilities. First, whether natural father signed an acknowledgment of paternity at the child's birth. If so, that is legal paternity. If not, parents can only bring a private action to legally establish parentage within the...Read more »
Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage...Read more »
First, a typed paper alone is not enough for delegated parental authority unless it is notarized and uses this form: https://supremecourt.nebraska.gov/self-help/families-children/temporary-delegation-parental-powers
Second, if the parent revokes the Temporary Delegation at any time, it is...Read more »
She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.
You should call the hotline or law enforcement to report this. You may also file for a modification of custody in order to obtain custody of your children. What the children want is a consideration, but not determinate. However, if the treatment by mom rises to the level of abuse and there is...Read more »
If you have reconciled as a family and your ex-spouse is now providing direct support, either of you can file a Complaint to Modify and reduce the support to zero. If your intent is to remarry you can simply provide notice of that and a Motion to set aside any child support. If he has arrears...Read more »
SoMy sons dad was issued child support then I never received any payments but the order still stands I went to prison for 4 1/2 yearsAnd my mom received temporary guardian because of length of my prison stay . Where then I was put on child support as well! Is this legal for two child support... Read more »
The issue is that the parents are the persons who have an obligation to financially support their child or children. Grandparents and others have no legal responsibility to provide financial support for children they did not give birth to or adopt. Both parents have an obligation to support their...Read more »
There is no "alienation of affection" claim in Nebraska, so no way to sue the other party. Further, if this unfortunate situation results in your divorce, the affair/infidelity has no bearing on the court's decisions either. I wish you all the best as you determine what your next...Read more »
The only way to really know your rights and responsibilities in a divorce is to confidentially visit with an attorney about the specific facts of your situation. The attorney can talk about the potential options and positive and negative aspects of your position. As a general rule, courts try to...Read more »
If you are accepting Medicaid, child care subsidy, or any other public benefit (food assistance, AFDC, etc.), and you do not reside with the father, Child Support Enforcement is going to require him to pay support officially. You will have some input into how much is acceptable, but it will need to...Read more »
That depends on whether the paternity matter and child support matter are completed or not yet. Typically there is a process involved and it's not immediate. It's relatively inexpensive for you to simply order a new copy of the birth certificate from Vital Statistics if you wish. Best wishes!
My ex has an attorney and I don't we had court February 26th and I gave my ex full custody of our kids until I'm off probation but we have joint legal custody however many issues were not discussed such as taking the kids out of state, holidays, etc. And we are already having issues with... Read more »
If out of state travel is not addressed in the Parenting Plan, generally either parent may take the children out of state for any period that does not overlap the other parent's parenting time. However, case law in Nebraska is clear that the custodial parent cannot permanently move the...Read more »
If you already have a child support case through the courts that case needs to be listed/identified in the divorce filings so the Court is aware of it. It generally makes the most sense for clarity and future modification needs to have both custody/parenting time and child support ordered under the...Read more »
My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »
To modify your current orders in Nebraska you will need to show a material and substantial change in circumstances such that had those been known, a different order would have been entered, and that the change requested is in the children's best interests. From the limited info here, it does...Read more »
If your child joins the military and that is included as an intervening event that would terminate support (child is no longer dependent upon parents for support due to military involvement), then you would want to file a notice that that event has occurred to terminate your support. Your best bet...Read more »
If your Decree was issued by a Nebraska Court and your child support terminates at the age of majority, then, yes you would pay December child support because it continues "on the first of each month" after Order is issued until an intervening event happens. You would not pay for January...Read more »
I have been trying to get approved to foster my disabled granddaughter since January. The state has drug this out for 5 months. I have done everything that they have recommended of me so that I could be approved. I was informed Monday that they have denied me. I have talked to two people that were... Read more »
If your granddaughter is involved in juvenile court and foster care, you can Motion to Intervene as a grandparent. Your best bet is to visit with an experienced juvenile law attorney. You have a right to see your home study as well, so that you can address it in Court if necessary. At the very...Read more »
Adultery is not a crime, but if your spouse is using marital assets to fund a vacation with his mistress, that may affect some of the judge’s financial decisions. I am sorry to hear you are going through this difficult situation. If you want to take charge, you should consult confidentially with...Read more »
The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the...Read more »
Unless your Parenting Plan specifically says he cannot leave a defined geographical area, he can travel freely during the confines of his scheduled parenting time. Many parenting plans include language about notifying for travel out of state, but do not require permission. However, if it is not...Read more »
I got on probation a year ago, and im ordered to have it for another year. When I was on probation for 7 months I went to see my boyfriend who i was court ordered with probation not to have contact with. Things happened and i found out i was pregnant. I'm now five months pregnant and i... Read more »
Alot of the answers to your questions are going to depend on how you are otherwise doing on probation and how your child's father is doing with his. Are you drug testing and testing clean? Are you living in a safe and stable environment? Obtaining prenatal medical care? Otherwise following the...Read more »
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