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Questions Answered by Julie Fowler
1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: I filed a 180 writ while in Missouri doc for Nebraska it took them 18 months to get me. Shouldn't they have dismissed it

I pled guilty prior to being incarserated in Missouri and I filed the writ hoping to get sentence they said the writ didn't apply to me because I already pled guilty is this right I don't understand I thought the writ was to help u resolve ur cases

Julie Fowler
Julie Fowler answered on Sep 15, 2019

Since it sounds like your case is pending in Missouri, you may want to post your question under Missouri to get an answer to your question.

1 Answer | Asked in Animal / Dog Law for Nebraska on
Q: Someone called animal control on my dog saying he was barking and roaming out and not in my yard while I was at school

It would be impossible for my dog to lift up the handle of the gate then pull out the door, and come back to lift the handle again in order to lock the gate door

Julie Fowler
Julie Fowler answered on Sep 15, 2019

How to respond depends on what happened after animal control was called. If you received a citation, you may be able to fight it. If the allegation wasn't true and animal control didn't find anything wrong, then there may not be any further action needed.

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor

Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant... Read more »

Julie Fowler
Julie Fowler answered on Sep 15, 2019

Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on
Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have West's Nebraska Digest -- The entire set.... Read more »

Julie Fowler
Julie Fowler answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

1 Answer | Asked in Family Law for Nebraska on
Q: Will a judge in Nebraska start a parenting plan for Parents been divorced 13years and sons 17, 15 don’t want to?

Been divorced 13 years andNow since child-support modification noncustodial parent filing for visitation for 1715-year-old boys I’m don’t want to be made to have to go every other weekend etc. and I’m not custodial parent is more than willing to give up his rights of Nusz vasa d now since... Read more »

Julie Fowler
Julie Fowler answered on Aug 27, 2019

Your question is a little unclear. It is possible for the parties to dismiss their custody action if the parties have decided to pursue an uncontested adoption action instead. It is generally the custodial parent and their spouse that files the adoption action. The biological parent that wants... Read more »

1 Answer | Asked in Domestic Violence for Nebraska on
Q: Does the county attorney or the defendants legal counsel file motion for plea bargain if someone is incarcerated?
Julie Fowler
Julie Fowler answered on Aug 27, 2019

If the parties reach an agreement as to a plea deal, then it is often (but not always) the defendant's counsel that files a motion for an entry of a plea. Even more common is for the plea to be entered at an already scheduled hearing such as at a pre-trial or at the trial without a separate motion... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My ex husband asked for a guardian ad litem. We had one when we got divorced.

She doesn't return my calls or emails, but she emails me with his concerns. I'm supposed to pay half of her fees. My daughters say she doesn't let them talk.

Julie Fowler
Julie Fowler answered on Aug 27, 2019

I'm not sure what your question is. Are you asking if there is a way to get a different guardian ad litem appointed? Generally, the court won't grant a party's request to change the guardian ad litem. Usually the person the court appoints is a person that the judge is familiar with as judges... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can my husband go pick his daughter up?

My stepdaughter was placed with someone she doesn't know by her mom who signed a temporary guardianship form. The guardian is willing to give her to us as there is no custody established but we want to be sure it's still legal for him to take her without court order.

Julie Fowler
Julie Fowler answered on Aug 26, 2019

If the father wants custody of his child, he should obtain a custody order. If the mother is trying to give placement to a third party, then the facts are likely favorable that father can obtain custody of the child. If there is already a custody order in place, he would need to file a custody... Read more »

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: I am being charged with a class 4 felony for back child support and now am being charged for 4 charges rather than one

I have had 5 surgeries in the last 4 yrs and pending more and the back is due to the state due to filing of family members being the mother dropped the support odder

Julie Fowler
Julie Fowler answered on Aug 21, 2019

I'm not sure what your specific question is. If you are facing felony charges, you can be appointed a public defender if you can't afford an attorney.

1 Answer | Asked in Consumer Law and Business Law for Nebraska on
Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler
Julie Fowler answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question but a hotel... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: How can I get the property the police listed as in "safekeeping" while I am still going to court on the charges.

The warrant was for drugs. The place of the search was a house, all outbuildings at the address, and vehicles under the control of my co-defendant. My name was not listed on the warrant and I was staying in a camper behind the house. When the police came I exited the camper and said they could not... Read more »

Julie Fowler
Julie Fowler answered on Aug 21, 2019

Evidence can generally be kept by law enforcement until the time of sentencing even if the property belongs to other than the defendant.

If a motion to suppress has already been heard and denied, then a subsequent motion to suppress regarding the same issue/evidence is more often a motion...
Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I am 18 , my mom wants me to move to New Mexico with her from Omaha. I don’t want to

There is substance / drug abuse involved. I have a family in Omaha who is willing to take me in. My mother has no job and she is living with someone in Hobbs. The age of majority in Hobbs is 18. Meaning I can leave Hobbs if I want. Do I have to go to Hobbs or can I stay in Omaha? If I can stay in... Read more »

Julie Fowler
Julie Fowler answered on Aug 21, 2019

In Nebraska, a parent has both the authority and responsibility to choose where their child resides until the child is 19 years old. Generally the age of majority is governed by residence. If a child is residing in another state, then that age of residency applies. That being said, if there is a... Read more »

1 Answer | Asked in Divorce for Nebraska on
Q: What do I do if an ex didn't follow a divorce decree item?

I went through a divorce. It was in the settlement that my ex would take responsibility of the line of credit and credit card. My name was to be off within 120 days of divorce decree. I was told it was off. He quit/lost his job. He's not paying the bills and my name is still on there because my... Read more »

Julie Fowler
Julie Fowler answered on Aug 21, 2019

If a party does not follow a divorce decree, you can file a contempt action to ask for the court's assistance in enforcing the Decree.

1 Answer | Asked in Child Support for Nebraska on
Q: Is there legal recourse against DHHS for none payment of child support funds

I just received my pay history for my children's father's child support payments. And theres thousands of dollars that they have paid that I never received. I had AdC maybe 9 months total over the last 11 years and it's been paid back so I should be receiving the money. The us bank says they can't... Read more »

Julie Fowler
Julie Fowler answered on Aug 12, 2019

The Nebraska Child Support Payment Center keeps records of payouts to payees in their "payee ledger." I'm not sure how far back they go but I know they go back at least a number of years. This payee ledger shows what payments have been sent out to the payee over time, the amounts sent, the date... Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: Can my work penalize me for not having 40 percent of my guests not having their rerwards program

I work at buffalo wild wings, and was told I would be taken off the schedule if I didn't get 40 percent of my daily guests to have or sign up for their rewards program. Even though there is nothing in the handbook, code of conduct, or company policy stating I have too?

Julie Fowler
Julie Fowler answered on Aug 12, 2019

Companies are allowed to require workers to meet minimum performance requirements in order to meet their job duties and maintain employment. As long as these policies aren't implemented in a discriminatory manner or otherwise violate the law, they are generally allowed.

1 Answer | Asked in Gov & Administrative Law for Nebraska on
Q: Is there a grace period for vehicle registration after dealership transit sign has expired in Nebraska

I'm not sure which topic it falls under except state or government laws

Julie Fowler
Julie Fowler answered on Aug 12, 2019

In Nebraska, you have 30 days from the date of purchase to register your vehicle and pay sales tax. You need to have insurance on your vehicle before you drive off the dealership lot.

1 Answer | Asked in Child Support for Nebraska on
Q: If we were/still together can he still get stuck with child support because I had medicaid? He's paid/supported him

We did live together but had separate homes as well. I just couldn't afford to have the baby with no insurance. Father has paid for his insurance since 6months old, he's over a year now

Julie Fowler
Julie Fowler answered on Aug 12, 2019

If a child receives certain types of public assistance, such as Medicaid, it triggers the State to bring an action for the other parent to pay child support. Depending on the type of public assistance being received and to some extent the specific county you are in (and thus judge assigned in your... Read more »

1 Answer | Asked in Social Security for Nebraska on
Q: is there a court that issues court orders for a social security number change due to domestic volence
Julie Fowler
Julie Fowler answered on Aug 8, 2019

It is possible to apply for a new social security number. One ground to qualify may be if there is a situation of harassment, abuse or life endangerment. You need to complete an application with your local Social Security office and apply in person at your local Social Security office. The... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I paid $600 deposit then changed my mind about the place, can i get my money back?

landlord told me the deposit is non refundable, I dont understand how or why.

Julie Fowler
Julie Fowler answered on Aug 8, 2019

The law generally holds people to the terms of their contract even if one party later changes their mind. If a deposit is non-refundable per the terms of the contract, the Court will generally enforce that provision and not require the return of the deposit.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: I was wrongfully charged with child abuse, and want to fight it please help.
Julie Fowler
Julie Fowler answered on Aug 8, 2019

What your best defense is depends on the facts of your case and what specifically you were charged with. Hire an attorney to assist you or request court-appointed counsel.

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