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Questions Answered by Julie Fowler
2 Answers | Asked in Family Law and Probate for Nebraska on
Q: What can you do if a grandchild who was not named in a will takes things from a deceased person's house and won't return
Julie Fowler
Julie Fowler
answered on Nov 28, 2023

I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More

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1 Answer | Asked in Family Law for Nebraska on
Q: contempt need to be filed immediately. Is there a time limit?

just happened saturday

Julie Fowler
Julie Fowler
answered on Nov 20, 2023

There isn't a specific time limit to file a contempt action. However, if you don't act on enforcing your rights, you may waive them after a period of time. There isn't a set time period and it depends on the specific facts of the case. Depending on your judge, the next available... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Is there a way to request documents and report from my employer on why I was terminated

I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.

If you were an at-will employee and it is just curiousity, then...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my son that has temporarily delegation over my daughter let her come stay with me her mom in another state if he si
Julie Fowler
Julie Fowler
answered on Nov 19, 2023

A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.

If there is a dispute...
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1 Answer | Asked in Family Law for Nebraska on
Q: On a parenting agreement, what does 15 days uninterrupted parenting time mean?

Does vacation have to be 15 days in a row? Can one parent take 15 days total on the others parenting time split over the year? Do the parents have to switch off if a holiday in the parenting agreement causes one parent to have the child over 15 days?

The statement says:

Vacation... View More

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

For an answer how to read your specific decree, you need to speak with an attorney and read the decree and parenting plan together as a whole. Just reading one snippet and not knowing the background on your case could result in you interpretting something very different from how the Court might... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Is the District Court of Douglas County NE. contracted by the Title 4-D agency to set child support orders?

If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed

Julie Fowler
Julie Fowler
answered on Nov 14, 2023

The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Is there a new car insurance grace period?

My cousin bought a car in Iowa but lives in Nebraska. Recently got pulled over and fined for not having insurance. They were was told they should’ve had it before even leaving the dealerships. It wasn’t a requirement for her to have it before leaving the dealership in Iowa, so is there no grace... View More

Julie Fowler
Julie Fowler
answered on Nov 6, 2023

Your question is currently posted in Nebraska. In Nebraska, you have to have insurance on your vehicle in order to drive it on a public road. Thus, it is the standard for a party to contact their insurance company to make sure their insurance is active before they drive the vehicle off the lot... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Can I get my child support interest written off I just owe interest
Julie Fowler
Julie Fowler
answered on Nov 6, 2023

You don't have a right to write off the interest owed even if only interest is due at this time. The party that it is owed to may be willing to write it off or agree to a lump sum payment to write off the rest. You would need to contact the party that it is owed to in order to request they... View More

1 Answer | Asked in Family Law for Nebraska on
Q: PLEASE ANYONE WITH INFORMATION ABOUT FILING FOR A FOREIGN JUDGMENT IN THE STATE OF NEBRASKA? HOW CAN I FIND THE FORM?
Julie Fowler
Julie Fowler
answered on Oct 30, 2023

As far as I know, there isn't a form for this. This is something that you would have to draft on your own or hire an attorney to draft for you. If you are looking to register a custody order in the State of Nebraska, Nebraska Rev. Statute Section 43-1252 has some information regarding the... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment manager doesn't like me cuz I complained about a neighbor that was harassing me what can I do in Nebraska

The neighbor a mean old lady has been hassing me I complained to my manager at the apartment but she said she's lived here 5 yrs and she doesn't believe me I sent her an email she did nothing then when I went to office to complain she basically said I was a liar well Friday my package was... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Legal Aid of Nebraska put together a handbook to help tenants better understand their rights. Some of the info may now be out of date, but this may be a good place for you to start.

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

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

Julie Fowler
Julie Fowler
answered on Oct 10, 2023

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Regarding grandparents rights. I live in California and the grandkids are in Nebraska. Where do I start?

Do I contact an attorney in California or Nebraska? And can I do this from California.? Also is it an expensive process? I just miss my granddaughters so I need help.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally the action is filed in the county where the children are residing, assuming that they live in the county that has jurisdiction over them (which is likely). You generally contact an attorney that is licensed where you want/need to file the court action. It is usually filed by filing a... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Is there such a thing as grandparents rights? My daughter moved from California to Nebraska and won’t let me talk to the

Grand kids and I am very close to the oldest because I practically raised her the first 6 years. We used to face time every night then it just stopped and my daughter won’t tell me why. It’s hurting me and I’m sure my grand daughter. Can I take her to court for visitation and phone contact?

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Yes, we do have a cause of action for grandparent visitation rights in Nebraska. One factor is the strength of the relationship between the child and grandparent. Thus, you don't want to go too long without consistent contact with the grandchild or the Court may become less likely to grant... View More

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Nebraska.Owned home got married sold home purchased new home with all the money I made on sale.New home has only my name

I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally, property that was purchased in the marriage is marital. However, if a pre-marital asset or pre-marital funds were used to purchase the property during the marriage, then that part of the property may be a pre-marital asset. The burden is on the spouse arguing that the asset is... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

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