Get free answers to your legal questions from lawyers in your area.
I was divorced in 2017, and my ex got primary custody of the kids. He took me back to court for more child support and to claim both kids on taxes in 2021. During this agreement, we agreed that he would pay for the first $480 of non-covered medical expenses and then we would both pay 50/50 after... View More 
answered on Apr 14, 2025
When the Court looks at enforcing the terms of a court order, the Court looks at the actual language of the Court order. While it is the standard for the custodial parent to pay the first $480 (now $250) in unreimbursed health/medical expenses, not all orders have that language. For example, many... View More
I'm dealing with a roommate situation where I wasn't listed on the lease. I lived in the house from late January to April 2025 but left physically on March 18. Although I provided a 60-day notice of departure, my roommates are now demanding more money than initially agreed. We agreed on... View More
answered on Apr 12, 2025
I don't know enough about the specifics of your situation to give you specific advise. However, in general, when you agree that you owe the other party due to an agreement, it often makes sense to pay the amount that you agree that you owe. Then it is up to the other party to see if they... View More
I have a custody order from Nebraska that gives my ex 4 weeks in the summer, 4 days for holidays, and allows FaceTime every day. They haven't seen my child in 4 years or spoken to them in 2. Initially, I was granted a relocation order to move out of state, but I am returning soon. I have sole... View More
answered on Apr 11, 2025
If you are not following the terms of the Court order, then it is possible that the other party will file a contempt and that the Court will find you in contempt.
However, even if the party files for contempt, the party requesting the contempt finding has to show that you are in willful... View More
In Nebraska, is it legal for a convicted felon to possess and transport throwing knives for sporting purposes? Specifically, I assembled a standing target with a friend and practiced throwing knives, transporting them stored in a box on the floor of my truck with the target in the truck bed.... View More
answered on Apr 5, 2025
There is an argument either way on this one.
The statute has exceptions for things like archery equipment for lawful purposes and hunting/fishing equipment when used for those purposes and the person has the appropriate Nebraska permit for hunting/fishing consistent with the equipment.... View More
I experienced a challenging work situation involving a supervisor who raised her voice, used inappropriate language, and made unfounded accusations, alongside a colleague's unsafe food-handling practices. This has created a toxic environment, impacted my finances due to lost wages, and left me... View More
answered on Apr 5, 2025
The Nebraska Wage Payment and Collection Act, starting at Nebraska Revised Statute Section 48-1228 is one way for employees to collect wages that they have a legally earned but have not been paid timely. You can find the language of the statute and some cases that have cited it on the Nebraska... View More
I am 16 and currently living with my mother who has custody of me. My father, who pays child support, is willing and able to have me live with him. I feel more respected by my father and want to live with him because my mother often calls me names and body shames me, which affects my self-esteem.... View More
answered on Apr 5, 2025
If the parents are in agreement regarding changing custody of their child, then they can stipulate to the legal paperwork to change the custody and the child support. If they are in agreement, the process is relatively easy and is just a matter of completing the appropriate paperwork and filing it... View More
I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More
answered on Mar 27, 2025
You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More
My brother, Darrin Healey, who suffers from congestive heart failure and stage 2 kidney disease, is struggling to get Medicaid, food stamps, or any assistance from the state due to his criminal record. He had high blood pressure and couldn't afford the medication, and we received no help from... View More
answered on Mar 27, 2025
Unlike many western nations, there is no right to universal health care in the United States. You don't have a right to basic health care in the US. Besides emergency life-saving services, if you can't afford health care or necessary medications, you don't have right to those... View More
I have an ex parte domestic violence protection order, and a violation was filed. We are waiting for the trial, and there are no prior incidents except a couple of phone calls without charges. What happens if the accuser does not show up in court for the trial?
answered on Mar 27, 2025
If the accuser was the star witness, then there may not be enough evidence for the prosecutor to move forward with their case. On the other hand, if there is enough evidence otherwise, the prosecutor may still move forward even if the accuser is not cooperative. The Court can also give a... View More
I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?
answered on Mar 27, 2025
If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More
I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte... View More
answered on Mar 8, 2025
Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.
https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802
It isn't clear from the information in your question if you... View More
I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More
answered on Mar 8, 2025
Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again... View More
I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More
answered on Mar 27, 2025
There is no law that says once you have it in text, you've proven your case. The other party still has the ability to challenge the allegation.
However, additional evidence like this should be forwarded to law enforcement. It may be enough for charges to be filed or to lead law... View More
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
answered on Feb 17, 2025
Have you tried reaching out to the Nebraska Business Development Center through the University of Nebraska? You can request a free consultation to learn more about business planning and development:... View More
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
answered on Feb 17, 2025
The burden to prove a pre-marital asset or pre-marital equity is on the spouse claiming the pre-marital equity. The more you can show that that the asset/equity has been kept separate and is traceable to the pre-marital asset/equity, the easier it is to convince the judge to award you the... View More
answered on Jan 27, 2025
Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More
If someone is arrested on a warrant for auto theft and drugs are found on them, but the auto theft charge is dismissed because he didn't commit the crime, did the police have probable cause to search him?
answered on Jan 22, 2025
It would still be possible to have probable cause even if the related charge was ultimately dismissed. You would have to look at the overall factors. Potentially probable cause could still exist. The defendant would want to review and discuss with the criminal defense attorney a possible motion... View More
answered on Jan 22, 2025
If a person is legally incompetent, you can file a guardianship and/or conservatorship action to ask for the court to grant another person legal authority (guardianship) to assist the protected person. You would need to contact local counsel to find out the retainer for the guardianship action.... View More
Two 20-life charges how much time will I have to do
answered on Jan 20, 2025
He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More
My girlfriend’s mom is trying to force my girlfriend to file a protection order against me because I snuck over to her house with my girlfriend’s consent. We are both minors. I don’t know if she can do this especially because I did nothing wrong.
answered on Jan 20, 2025
A parent can generally file for a protection order on behalf of their child. The child doesn't have to consent to the parent filing on their behalf. The Court can grant the protection order over the child's objection if the Court believes that the protection order is in the child's... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
