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Questions Answered by Julie Fowler
1 Answer | Asked in Divorce and Child Support for Nebraska on
Q: Does my ex-husband's child support from his prior relationship loweroldest son turns 19 and does my raise for our 3

2 kids prior to our marriage he currently pays support. We have 3 he currently pays for. His oldest turned 19

Julie Fowler
Julie Fowler answered on Mar 25, 2020

There isn't generally an automatic increase in child support when the payor's older child emancipates. That being said, if a child support modification action was filed, the payor would generally no longer have that older child as credit for child support when recalculating support. Depending on... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: I am wanting to re-finance my home in my name only. My mortgage is in my name only. I am currently married.

We will be divorcing later - possibly next year.

His (my spouse's) name is on the HELOC (home equity line of credit) loan.

Am I able to refinance, in my name only, without any signatures from him?

I married him twice, and was awarded the house in the first divorce, and the... Read more »

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.

1 Answer | Asked in Child Custody for Nebraska on
Q: Can a judge order daughter and Mom to get a 2 bed apt when mom has custody.
Julie Fowler
Julie Fowler answered on Mar 25, 2020

Potentially yes, especially in a temporary order as such are not appealable. If the Court has concerns about a parent and child sharing a room or a bed as not in the child's best interests, some judges will make a condition for separate beds or bedrooms. Whether you could get this reversed on... Read more »

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: bought my house before marriage, soon to be ex wife is refusing to let my dad on the property to mow. What can I do?

We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.

If...
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1 Answer | Asked in Child Support for Nebraska on
Q: Don’t want to put my bd on child support but I get public assistance. Idc for adc, medicaid or snap benefits

Because I will be making enough money not to need those benefits anymore,and he can just add my baby to his health insurance. But he does for her regardless is there a way I can tell them that and bring in proof ? Like a written agreement, receipts and etc ? I will just need child care but willing... Read more »

Julie Fowler
Julie Fowler answered on Mar 16, 2020

If parents and their children are residing and raising their children in the same household, they need to report this to public assistance. If public assistance shows that the family are all residing in the same public assistance household, then the child support agency generally has no duty to... Read more »

1 Answer | Asked in Probate for Nebraska on
Q: In Nebraska my dad died and left money to my brother my mom and myself my mom was put in a nursing home and has now died

My brother and I are listed as beneficiaries do we have to go through the whole process again of inheritance tax on bank accounts, life insurance and dads retirement left to my mom.

Julie Fowler
Julie Fowler answered on Mar 16, 2020

It isn't clear from your question the time frame of the events you describe. Generally you have to go through the same process each time you receive an inheritance but this may not be the case depending on the timing and the specific facts of your case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have been charged with first degree sexual assault on a minor child and was basically tricked into a plea deal because

My attorney did not fully look at the evidence prior to starting the facts of the dna results he said I better take the plea deal to limit the exposure to prison. Come to find out the results were not conclusive and stuck with the plea and sentencing on March 31st any thing I can do to get out of... Read more »

Julie Fowler
Julie Fowler answered on Mar 16, 2020

Not sure from the wording of your questions. If you haven't entered your plea yet, you don't need to go forward with pleading to something you don't want to plead to on 3/31. You can let your attorney know that you don't plan to enter the plea and want to go forward with trial. If you have... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: letterfromchild support saying there not requesting dna test anymore bc he signed paternity papers saying he is the dad

But they want us to come to court to vacate order of dna test will be called up for a hearing before district court .. what will happen this day? Never been in this situation before so I’m confused

Julie Fowler
Julie Fowler answered on Mar 16, 2020

It is common for the child support attorney to file a motion for DNA paternity testing when there is a question of paternity in a child support case and paternity hasn't been legally established. Once a person signs a notarized acknowledgement of paternity to have the father's name added to the... Read more »

2 Answers | Asked in Child Support for Nebraska on
Q: I don’t want to put my bd on child support, what benefits will I loose ?

He does for her regardless, is there anyway I can show them that ? She can get added to his medical insurance.. I just need child care I’ll even pay a co pay

Julie Fowler
Julie Fowler answered on Mar 16, 2020

If parents and their children are residing and raising their children in the same household, they need to report this to public assistance. If public assistance shows that the family are all residing in the same public assistance household, then the child support agency generally has no duty to... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: Father didn’t sign birth c but when child support papers came here checked yes for wanting to be added,did they add him

How do I know if they added him or not

Julie Fowler
Julie Fowler answered on Mar 16, 2020

If you aren't sure whether there is a named father of your child's birth certificate, you may want to order a new birth certificate to be sure and to make sure you have a copy of your child's current birth certificate in your possession.

You can also call the child support office and they...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: In court orders it says I am to be made aware of appointments and the kids names are to be changed. Amoung other thing

She has not done any of this and has me blocked from contacting her. How can I file a contempt of court

Julie Fowler
Julie Fowler answered on Mar 5, 2020

There are some forms available on the Nebraska Supreme Court's website under forms regarding show cause/contempt actions that will give you an idea of how these work.

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: Can I stop ex from taking kids out of state because his attorney didn't submit final custody order decree yet?

My ex has an attorney and I don't we had court February 26th and I gave my ex full custody of our kids until I'm off probation but we have joint legal custody however many issues were not discussed such as taking the kids out of state, holidays, etc. And we are already having issues with parenting... Read more »

Julie Fowler
Julie Fowler answered on Mar 5, 2020

It is possible to file a motion to compel entry of an order if a party is deficient in preparing or returning a proposed final order. Generally a judge will give a party some time to prepare an order and very often more than a week.

A parent can generally travel out of state with the...
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1 Answer | Asked in Real Estate Law and Divorce for Nebraska on
Q: My husband paid for upkeep on my house. Is he entitled to a share of potential value increase of the home?

My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally considers the... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I'm paying child support on a child that i have no legal rights to?

My name is no where on any legal papers

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If it is a Nebraska child support order, then there must be a Nebraska court case that created the child support order. If you contact child support services, you can find out the Court Case number. The case number would also likely be on any invoice you receive for child support.

If...
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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do i get My child's social security number
Julie Fowler
Julie Fowler answered on Mar 3, 2020

A custodial parent can request a replacement social security card with social security.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My dad gets prescription medication from a friend when he runs out, but they're the same dosage and type.

My dad had been prescribed an opioid for a few years now. Recently, when he runs out, most of the time he gets some from a friend who is also prescribed it, instead of making a call and/or revisiting his doctor. I feel like it is something he should not be doing. What all can happen from this type... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Having or taking prescription medication that is prescribed to another can result in serious criminal charges. Depending on the medication and facts of the case, it can result in a felony charge and jail/prison time.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Nebraska on
Q: Husband won't put my name on the deed to house. I have been paying towards the mortgage since marriage. What can I do?

Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part is... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: can a closed South Dakota child support case be reopened in South Dakota when neither parents no longer reside in the st

The custodial parent closed the case in May 2017, left the state of SD at that time with no notification to the court of the relocation. The non-custodial parent was incarcerated at the time the order was initiated 2016 and was not released until 2017 and immediately paroled to Omaha, NE.... Read more »

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If it is a South Dakota case, the person inquiring needs to speak with an attorney licensed in South Dakota. If this was a Nebraska case, the party would likely be able to reopen enforcement of unpaid judgment established by a court order for child support.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landlord legally change the locks without an eviction notice? Can a landlord legally keep my belongings?
Julie Fowler
Julie Fowler answered on Feb 24, 2020

Legal Aid's Landlord Tenant Handbook may be a good place to start looking for info on this topic:

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

1 Answer | Asked in Criminal Law for Nebraska on
Q: Faceing charges 28-1206 1D and 28-416 class 4 what kind of punishment will I get? Prison time and any outcome
Julie Fowler
Julie Fowler answered on Feb 24, 2020

A class ID felony has a mandatory minimum of three years and maximum of 50 years imprisonment. Depending on the facts of the case, the charges could be reduced or dismissed. If you have a criminal case pending, you need to speak with your criminal defense attorney or public defender for advice at... Read more »

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