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Questions Answered by Julie Fowler
2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: My boyfriends childrens mother filed for health benefits and he is now being ordered to test for paternity/child support

Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?

Julie Fowler
Julie Fowler answered on Jan 11, 2022

If the parent has joint physical custody of the children or wants sole or joint physical custody of the children, the parent will need to put the custody/parenting time at issue if he wants to argue that he should pay no child support or reduced child support due to the amount of time the children... Read more »

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Julie Fowler
Julie Fowler answered on Jan 6, 2022

It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you...
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1 Answer | Asked in Child Support for Nebraska on
Q: My child support order was 7 years ago, 6 years ago we bought a house and moved in together. Can we close the case?

We live in nebraska and both agree on the matter. We live together, share the bills and raise the child together. We no longer want to have child support taken out of check and deposited into our account. how can we close the child support case?

Julie Fowler
Julie Fowler answered on Jan 6, 2022

It depends on whether the State or public assistance is involved in your children and your lives. If the State isn't a party to the case and there is no public assistance involved, you should be able to file a motion with the Court to terminate the child support and no one will likely object... Read more »

1 Answer | Asked in Legal Malpractice, Contracts and Estate Planning for Nebraska on
Q: Should the estate Atty (executor) provide a periodic accounting of legal costs to the beneficiaries? it’s been 9 months.

We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.

There should be an accounting of fees...
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1 Answer | Asked in Contracts and Landlord - Tenant for Nebraska on
Q: What fees and deposits are landlords allowed to charge for pets in Nebraska?

I’m trying to rent a new apartment in Nebraska. The listed rent price is $745/month. The deposit is $500 and they said they’d charge a $200 refundable pet deposit but now the lease agreement they sent me states they will charge $183 for the refundable pet deposit plus an additional $217... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Nebraska Legal Aid has a handbook that has some general information regarding landlord/tenant rules that you may want to review before speaking with an attorney about your specific information.

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

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Babies father is refusing to pay child support and has now left the Country on vacation it's been 3 months with no pay

We settled on an amount because he was supposedly not working and I found out he is working for his brother and getting paid cash/under the table. He will not answer when I ask about the payments and has now left the Country on vacation. It's been a lot of lies about legal status and... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

If you want a party to be court-ordered to pay child support, you can file an action with the Court to establish a child support order. Once the child support is court-ordered, you can use the legal methods available to try to collect the child support. This includes wage garnishment, passport... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it illegal for an 18 year old who is a ward of the State of Nebraska to run away?

Is it illegal for someone who is 18 and a ward of the State of Nebraska to run away from their foster placement if they aren't on probation and have no criminal cases pending? Especially if they deciced to run to a different state? Could anything be done once they cross that boundary into... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

If a child is in foster care and runs away, the State generally has an obligation to make attempts to retrieve the child and then often has additional restrictions placed on the child so the child doesn't run away again. Encouraging or assisting a child to run away can be charged as a crime.

1 Answer | Asked in Employment Law for Nebraska on
Q: noncompete with franchisee, quit, want to work for same franchise but under a different franchisee. enforceable?

the noncompete basically just says : this franchisee, after cessation 1 year following within 25 miles no working for same industry for any other employer, and the basic other stuff in noncompetes, but it also has this clause

"Employee acknowledges that this agreement to not compete... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

You would need to sit down with an attorney and go through the specifics of your situation and the specific documents to see whether a specific non-compete clause is likely going to be enforced against you or not. Your question requires too specific an answer than can be given on a general... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Please expand on “ No Juridiction” recently my grand sons where taken into state custody.

And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.

Julie Fowler
Julie Fowler answered on Jan 6, 2022

A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case... Read more »

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: My car got pulled over for a headlight out. My boyfriend was driving and his license is suspended and I didn't know.

He got a ticket and court date. What happens to me?

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Were you issued a citation? If you were issued a citation at the time of the encounter nor soon after, then likely nothing will be issued to you at a later time. Either way, you should get your headlight fixed before you drive it again. Depending on what citations were issued, you may need to... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: My bf was riding a peddle bike when 9 cops cars surrounding him 2 cops grabbed him arm and searched him

Was his 4th amendment right violated

Julie Fowler
Julie Fowler answered on Jan 6, 2022

There isn't enough facts here to determine whether there was a violation or not. Did he have an active warrant or very closely resemble a person who does? Did a serious crime occur nearby and he matched the description of the suspect fleeing? Even if it turns out that law enforcement got... Read more »

2 Answers | Asked in Child Custody and Child Support for Nebraska on
Q: Can child support be modified after a custody modification was signed 4 years ago?

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 »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Yes, you can file a modification if there has been a material change in circumstances. If you agreed to a lower amount of child support, the Court will generally look at whether the reasoning for lowering still exists or not when deciding whether the order should be modified or not. Whether it is... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: Just finalized child support and divorce in April. Daughter is currently 17. I got a raise. What can my ex do to get ch

Child support raised in his favor? In Nebraska it's only reviewed every 3 years. I am more than willing to raise it for him.

Is there a cap on it? Thank you

Julie Fowler
Julie Fowler answered on Jan 6, 2022

If both parents are in agreement, it is relatively easy to stipulate to an new modification order whether whatever terms the parties agree to. It is a matter of preparing the paperwork, paying the Court filing fee, and submitting the signed stipulated (agreed-upon) documents. Once the documents... Read more »

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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If neither parents have custody of a child, can 1 parent refuse further visits due to child being mistreated?

Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.

Julie Fowler
Julie Fowler answered on Nov 12, 2021

If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.

If the parents don't agree on how much time, if any, the child should spend with either...
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1 Answer | Asked in Family Law for Nebraska on
Q: What is the definition of a significant other in the state of nebraska?
Julie Fowler
Julie Fowler answered on Nov 12, 2021

I don't think there is an universal legal definition of significant other in Nebraska law. It is going to depend on the context and type of case.

2 Answers | Asked in Divorce and Real Estate Law for Nebraska on
Q: Does a subordination of real estate lien hold up the selling of property, until paid?
Julie Fowler
Julie Fowler answered on Sep 23, 2021

It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay... Read more »

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... Read more »

Julie Fowler
Julie Fowler answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord isn't doing repairs.

I notified my landlord 2 weeks ago that my air conditioner wasn't working right. I was told it would be fixed by the 21st. It still hasn't been. Can I buy a new one (in wall unit) and have it installed and deduct the entire cost from my rent?

Julie Fowler
Julie Fowler answered on Sep 21, 2021

Probably not.

The Legal Aid Landlord Tenant Handbook is a good resource to review for some basic info before speaking with an attorney about your specific situation.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: How long do I have to invoice a consumer for my service?

I was reviewing accounts and realized I never invoiced a consumer for my services. A year has passed since the services, are they still legally bound to pay me?

Julie Fowler
Julie Fowler answered on Sep 21, 2021

Depending on the facts, you are still likely within the statute of limitations to collect the debt. Call the customer and explain the mistake. The customer shouldn't expect to get a free service when there was an agreement to pay. You may also need to talk with your tax professional to find... Read more »

1 Answer | Asked in Car Accidents for Nebraska on
Q: Filling out driver's motor vehicle accident report online, I accidentally hit the submit instead of save button

Once you submit, it is filed. Should I be worries? Accident was not my fault.

Julie Fowler
Julie Fowler answered on Sep 21, 2021

If you didn't fill out the accident report as you intended, you may want to call and explain what you accidentally did and ask how to have the report re-opened.

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