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Questions Answered by Julie Fowler
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.

1 Answer | Asked in Child Support for Nebraska on
Q: We had a temp hearing. The judge ordered child supt. When do I start paying? Order hasn’t be signed or filed in court.

We got 50/50 and the temp order states child support and alimony for me to start paying and for both of us to take care of our own mortgages and bills. She has not made the mortgage payment and I haven’t pay for child support and alimony yet since I don’t have any court paperwork. Her lawyer is... Read more »

Julie Fowler
Julie Fowler answered on Sep 21, 2021

The Order will include the start date that the judge ordered the payments to start. Most temporary orders are entered by the Court within a relatively short period of time after the hearing occurs, from a few days to a month or so on average. If the other party was required to prepare the order... Read more »

1 Answer | Asked in Antitrust for Nebraska on
Q: How should I go about signing a legal document where someone I bailed out of jail will return my money?

The date they will receive a check for my money is in about 3 weeks. They are willing to sign a legal document stating they will return the money as soon as they receive it. If this person is already being garnished for a different case what is the chances of me receiving if they do not pay after... Read more »

Julie Fowler
Julie Fowler answered on Sep 21, 2021

If you have a written contract, it may be easier to have the Court's assistance in enforcing the terms of the contract if the other party breaches the agreement. The are a number of ways to protect yourself when you loan someone money, such as a promissory note or collateral.

It is...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: My son 8 told me his mom is manipulating him into hanging w/ affair partner/cousin he’s scared to go back what can I do

He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids

Julie Fowler
Julie Fowler answered on Aug 19, 2021

If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.

If you want to ask the Court to enter or change a custody order or parenting time, then you would need to...
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1 Answer | Asked in Family Law for Nebraska on
Q: My 15 yr is pregnant and running away all the time. Is there anything I can do to protect them both?
Julie Fowler
Julie Fowler answered on Aug 19, 2021

A good place to start looking for advice is a counselor or Boys Town. Boys Town National Hotline (1-800-448-3000). Often these are the type of professionals that can best help in these situations. If you are looking to get the child placed outside of the home, there are legal options but are... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Does temporary guardianship give up my rights to my kids? Can my mother then cut off 100% all communication between me?

I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

It depends on what you signed in the court action and what type of court action it self.

If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the...
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1 Answer | Asked in Divorce for Nebraska on
Q: I was given a house by my father after date of separation but before divorce papers were filed is it separate property?

Would my house gifted to me by my father after date of separation but before divorce paperwork was filed be separate property or marital property?

Julie Fowler
Julie Fowler answered on Aug 19, 2021

It depends on the facts, but there is the potential of a marital interest in the real estate, even if the spouse is not on the title. Even if only one spouse is on the title of the deed, the spouse may not have the ability to pass a clear title if there is a marital interest in the property.... Read more »

1 Answer | Asked in Consumer Law for Nebraska on
Q: Can something found during an inventory of a car be used to charge someone

My husband was pulled over for no plates. The van was going to be impounded. The sheriff’s started going through van without consent from my husband. My husband told sheriff he didn’t have permission to search the van. The sheriff said it wasn’t a search it was an inventory. They found a... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

Law enforcement is required to inventory when a vehicle is impounded. Any inventory found that is evidence of a crime can generally be used as evidence of that crime. That being said, law enforcement can't just claim they may have to do an inventory in the future when really they are doing a... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: Why would a Complaint to Modify and a Stipulation to Modify have different statements for child support.

Stipulation says zero and Complaint says 10% increase in defendants child support obligation. My son is 18 and decided to live with his father in another state.

Julie Fowler
Julie Fowler answered on Aug 19, 2021

The Complaint just has to give the other party general notice as to what might be requested if the case goes to trial. The Stipulation is what the parties actually agree to. Thus, the Complaint and Stipulation often have very different language.

1 Answer | Asked in Insurance Bad Faith for Nebraska on
Q: Insurance company for the at fault party is refusing to pay for damages resulting in their insured being at fault.

My company’s utility trailer,that is essential to operate my business, was totaled by garbage truck. It was a hit and run. It’s been nearly a year and the at faults insurance is refusing to pay anything but a small fraction of the money my business is out. They refuse to show any paperwork for... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

If you were in a motor vehicle collision and the other insurance company is offering to pay less than the damages, then it may be time to retain an attorney and pursue legal action for the damages. The Court will generally order the party to pay reasonably related damages. The party not at fault... Read more »

1 Answer | Asked in Business Law for Nebraska on
Q: How can I recover loss of use for commercial equipment? The other party is liable as it was hit and run.
Julie Fowler
Julie Fowler answered on Aug 19, 2021

You can pursue the liable party, if they can be found. Another option may be to make a claim on your insurance. You would want to review your insurance policies to see what coverage may be available.

1 Answer | Asked in Consumer Law, Lemon Law and Civil Rights for Nebraska on
Q: got hired to repair deck, now he doesn't want to pay me. he keeps changing and hurrying me to finish. what are my rights
Julie Fowler
Julie Fowler answered on Aug 19, 2021

One option may be a construction lien. See the Nebraska Construction Lien Act, starting at Neb. Rev. Stat. Section 52-125.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If I get pulled over with a motorcycle learners permit, what are the consequences?
Julie Fowler
Julie Fowler answered on Aug 19, 2021

One consequence of driving alone with a learner's permit is to have the permit revoked and becoming ineligible for a further permit until the driver is 16 years old.

1 Answer | Asked in Family Law for Nebraska on
Q: Hello my mom got sick and they put her in a home now my sister won't let me se my mo w what should I do
Julie Fowler
Julie Fowler answered on Aug 19, 2021

Unless your mother is incapacitated, it is usually the patient's choice as to who they want to visit them.

2 Answers | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

Once waived in the divorce decree, a party can't later seek alimony. Child support can be modified from $0 even the party later needs support and there has been a material change in circumstances. Even in uncontested divorces, you will generally benefit from at least having an attorney draft... Read more »

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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Child support case hasn't been reviewed in years. Could back pay be required?

My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... Read more »

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