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Nebraska Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

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 »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 21, 2021

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 »

1 Answer | Asked in Car Accidents for Nebraska on
Q: I’m nebraska if a garbage truck hits my businesses only trail(essential equipment) how do I recover loss of use?
Tim Akpinar
Tim Akpinar answered on Jul 5, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. You would need to initiate a property damage claim. It would be advisable to consult with a Nebraska attorney to identify any filing deadlines. If you're claiming loss of use, you could be requested to produce... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Child support case hasn't been reviewed in years. Could back pay be required?

My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: hi I was looking for advice on how to handle court and getting custody of 4 minor children back into my custody

they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Nebraska on
Q: Please help the state has temp custody of my 4 kids all based off of lies how do I prove myself immediately

the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: My bf and I had been arguing on the phone he threatened to take my apartment and kids from me so I called the police and

I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg

Julie Fowler
Julie Fowler answered on Jun 18, 2021

A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: How can the law inforcement break in a residence without the homeowners being home an search in Nebraska?
Julie Fowler
Julie Fowler answered on Jun 18, 2021

Was there a search warrant? If so, then this was very likely lawful.

1 Answer | Asked in Estate Planning for Nebraska on
Q: My husband and I need a basic will set up. How much does this cost usually?
Julie Fowler
Julie Fowler answered on Jun 18, 2021

It depends on a lot of factors. Probably between $500 to $5,000 depending on what your assets and debts are and what you mean by "basic will."

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Car Accidents and Construction Law for Nebraska on
Q: Is it legal for construction companies to re-surface a gravel road and not place warning signs?

I was driving at around 40 mph to my girlfriend's house on a gravel road, and we came up a hill and there was a long row of gravel piled up in the middle of the road. This is a major arterial road, and there were no warning signs, so as a result, it destroyed my scrape guard underneath my car,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 15, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. In many places, it could depend on the road and the amount of traffic it gets. Good practices would have involved cordoning off the gravel and putting up signs, just as you mention, so that it wouldn't be a hazard... Read more »

1 Answer | Asked in Uncategorized for Nebraska on
Q: I found this computer I clean out houses we can have the stuff or keep it . This computer has a guy pulled over dancing

Dancing in front of a cop and it has a book that someone was writing on it and a car a burned orange color rodeo but it s got sandersons the writer and Peterson's name on it . And a girl teacher and her mom and dad making her do things to these immigrants. Wow what should I do

Julie Fowler
Julie Fowler answered on Jun 3, 2021

If you believe you found evidence of a crime, you may want to contact law enforcement and turn over the evidence.

1 Answer | Asked in Child Support for Nebraska on
Q: In Iowa is a divorce decree with end date of child support considered an existing case ? I need to end IWO

I need to know if I file a new case or continue as existing case .Thanks

Julie Fowler
Julie Fowler answered on Jun 3, 2021

You may need to re-post your question in Iowa. Your question is currently posted in Nebraska but only an attorney licensed in Iowa can answer a question regarding Iowa law.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: I was convicted of 4 dui's back in 2012 and my driver license was revoked for 15years.its been 9yrs and I need interlock

I got my life back on track and I'm a single dad with 2 kids and getting an interlock system will help me get them to school nd get me to work.please help me obtain an interlock system

Julie Fowler
Julie Fowler answered on May 12, 2021

You should retain an attorney if you'd like assistance in filing for a reprieve. If you'd like to first look into this further on your own, there is information and an application available on the DMV's website.

https://dmv.nebraska.gov/legal/reprieve-fifteen-year-license-revocation

1 Answer | Asked in Child Custody for Nebraska on
Q: Q: My daughter in Oahu is trying to get full custody of her 3 daughters and wants to move back to Nebraska.

She has been in Hawaii for 12 yrs and very seldom gets to come back home. She is in a battle for full custody so she and the girls can move back with family. but they are asking her to do the unreasonable. Such as secure a high paying job, secure a home, make sure the schools have a high rating,... Read more »

Julie Fowler
Julie Fowler answered on May 12, 2021

If her case is in Hawaii, she would need to consult with an attorney in Hawaii for what you can do to help improve the odds of winning her case.

1 Answer | Asked in Consumer Law and Small Claims for Nebraska on
Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?

It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded... Read more »

Julie Fowler
Julie Fowler answered on May 12, 2021

There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.

That being said, it is possible that an item produced in a...
Read more »

1 Answer | Asked in Uncategorized for Nebraska on
Q: My partner 15 years died his son has ordered me to vacate house send him titles to cars there is no will
Julie Fowler
Julie Fowler answered on May 12, 2021

When a person dies without a will, the state's statutes apply to determine who is awarded the possessions of the deceased. Generally speaking the state's statutes state that the deceased's possessions go to specified family members. For example, this could be the deceased's... Read more »

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex wife who has legal custody of our daughter has left her with me and said she is done. How do I get child support
Julie Fowler
Julie Fowler answered on May 12, 2021

If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex has currently gave me custody of our daughter but not legally how do I go about getting this changed?
Julie Fowler
Julie Fowler answered on May 12, 2021

In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for Nebraska on
Q: I went to an ER severe headache and pressure behind left eye. They treated me for sinusitis and discharged me. I advised

The treatment did not help and was crying because of the pain. They basically booted me out the door. (3-31-21) On 4-10-21 My 13yr old son had to call an ambulance for me as I could no longer recognize him or my daughter. I don't remember any of that. What the "sinusitis" turned... Read more »

Tim Bottaro
Tim Bottaro answered on May 11, 2021

I'm sorry but I don't practice in this area of the law. A couple of Sioux City area attorneys who might be able to help you include Bob Tiefenthaler at 712/252/5080 in Sioux City and Bob Stahle at 402/494/3012. There are many more attorneys in the Omaha area which it appears is where you... Read more »

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1 Answer | Asked in Car Accidents for Nebraska on
Q: Can another persons insurance company say an accident was your fault ,if no tickets were issued no witness or camera

My daughter was driving my car no insurance , was in an accident , a car ran a red light and hit her , and now the insurance company said they did their own investigation and finds my daughter at fault can they do that

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 31, 2021

Yes, they can do that---but you do not have to accept the conclusion of the insurance company. You can make them take you to court and prove their case before a Judge. Likewise, if you are seeking money from the insurance company and they want to pay you nothing or less than what you believe you... Read more »

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