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Questions Answered by Julie Fowler
1 Answer | Asked in Real Estate Law for Nebraska on
Q: Must spouse sign title docs during refi of rental property if current title in one name only?

Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that... Read more »

Julie Fowler
Julie Fowler answered on Feb 17, 2021

Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... Read more »

Julie Fowler
Julie Fowler answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Civil Litigation for Nebraska on
Q: Girlfriend at time is now taking me to small claims court for purchase of truck she told me I could get. What to do??

Purchased in June 2020 now we not together wants me to return truck in February 2021?

Now she suing me any advice?

Julie Fowler
Julie Fowler answered on Feb 17, 2021

It depends on more facts that what you state here.

1 Answer | Asked in Civil Litigation for Nebraska on
Q: How do I prove something was a gift in small claims court?
Julie Fowler
Julie Fowler answered on Feb 17, 2021

It depends on your facts. Small claims court doesn't allow attorneys and the formal rule of evidence don't apply. Whatever documentation you have to support your statement could be useful to provide as evidence to the Court. If there isn't anything in writing or otherwise tangible... Read more »

1 Answer | Asked in Divorce for Nebraska on
Q: Colorado common law since 2007 now live in nebraska.How do I get divorvced and where?

Together since 2003. Common law,married since 2007. Have live in Nebraska now for 21/2 years . LOTS OF ABUSE HAVEMANY RECORDINGS TO PROVE IT BUT DIES IT EVEN MATTER .I NEVER WORKED BECAUSE HE WOULD NT LET ME .AM I ENTIGHTLED TO ANYTHING WE HAVE NOTHING EXCEPT THE MOTOR HOME WE LIVE IN AND A FEW... Read more »

Julie Fowler
Julie Fowler answered on Feb 17, 2021

Nebraska doesn't recognize common law marriages. However, if you were married in another state under that state's common law marriage rules, Nebraska will recognize the marriage as valid under the full faith and credit clause. That being said, in some cases it is tricky to prove whether... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can DHHS revoke my custody based only on the filing of modification of custody alone before any judge signs or trial?

I was convicted of two misdemeanors and am currently a part of a voluntary, non court case with DHHS. They have implemented a family safety plan signed by all parties that my ex husband is not adhering to so I’m not seeing my kids. I was promised unsupervised visits by my DHHS caseworker but now... Read more »

Julie Fowler
Julie Fowler answered on Feb 9, 2021

You may have rights under the Indian Child Welfare Act. If the safety plan through CPS isn't working or isn't being enforced, then you likely need to pursue a custody action and request a hearing date before the judge. You should retain counsel to assist you or will be at a strong... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: my stepdaughter is 17 does she have to go to her moms if she has a job her mom lives 45 miles away

the parenting plan was made when she was 7 yrs old, and states that her mom is to get her every tuesday and thursday but 6 years ago she moved 45 miles away and does not get her on those day's but does take her every other weekend and her holiday's. Her being 17 she has a job

and... Read more »

Julie Fowler
Julie Fowler answered on Feb 9, 2021

Unless you reach an agreement with the other party, you are required to follow the court order. If a teenage child has only two weeks in the summer with an out-of-town parent, it would be common for the teenager to take off work for those two weeks to visit their other parent. If that... Read more »

2 Answers | Asked in Family Law for Nebraska on
Q: CPS is trying to get a hold of me and I'm not sure why do I need to return their phone calls
Julie Fowler
Julie Fowler answered on Feb 9, 2021

Unless you are already involved with a court case or have a safety plan with CPS, it would be rare for you to have an obligation to return CPS's call. That being said, unless you contact them back (or have an attorney contact them on your behalf), you won't know won't they are contacting you about.

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2 Answers | Asked in Probate for Nebraska on
Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

Julie Fowler
Julie Fowler answered on Feb 23, 2021

I'm not sure in what way you believe the federal court in Massachusetts would be involved here. I'm not sure who you are trying to get an injunction against.

Some judges in Nebraska are handling a majority of their hearings via electronic means, such as Webex or Zoom. Some...
Read more »

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1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: Can I use the word muggle in my company name? I’m selling chocolates
Julie Fowler
Julie Fowler answered on Jan 25, 2021

If you hope to benefit off of the potential intellectual property of another, you may be opening the door to legal action. Whereas using the name "Southwest" when referring to a chocolate company might not give you an issue, referring to a new airline and using the term... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: Original date of court order met, child support extended without notice due to age 19 law. Child lived on own, NCS want

Me to pay back child support from time of 18 to 19. Child has been living on their own and has been paying mom even when living for the three months of 18 and never reported the move. I was grandfathered in to new law and never knew I was still responsible for child support. I've sent money to... Read more »

Julie Fowler
Julie Fowler answered on Jan 25, 2021

It isn't clear from your question if this is a Nebraska case. In Nebraska, child support is generally ordered until the child turns 19 years old. It is possible to file a motion to credit if you paid child support directly instead of paying through the Child Support Payment Center. It would... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: How and when can I go about challenging jurisdiction in custody case?

I believe the court did not have subject matter jurisdiction when making an initial temporary custody decision. My ex did not live in Arizona for 5 months. Never visited. Never went back until the day before he filed the petition for custody. So doesn't that mean it would not have had subject... Read more »

Julie Fowler
Julie Fowler answered on Jan 25, 2021

In Nebraska, if there isn't already a custody order in place, then you generally need to file the custody action in whatever state the child has been residing the last 6 months. This state where the child has been residing at least the last 6 months is generally referred to as the "home... Read more »

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: My wife moved in with her boyfriend and now refuses talk to me about my daughter. I instead have to ask her boyfriend

Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... Read more »

Julie Fowler
Julie Fowler answered on Jan 7, 2021

It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Are there any lawyers in Nebraska that will accept bond money as payment?
Julie Fowler
Julie Fowler answered on Jan 6, 2021

Yes. May do. It is not uncommon for a defendant to "assign" the bond money to their criminal defense attorney as part of the fee agreement for services.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Nebraska on
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.

But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2021

Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.

2 Answers | Asked in Child Support for Nebraska on
Q: Stepson is enlisting in the Navy & we pay child support. In the state of NE will the child support end when he enlists
Julie Fowler
Julie Fowler answered on Jan 6, 2021

Child support generally (but not always) terminates when a child begins service in the military. You may want to check the wording of your order. Some orders specifically state child support ends when military service is entered. Depending on the terms of the order, you may need to file a motion... Read more »

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2 Answers | Asked in Probate for Nebraska on
Q: My mom is deceased I am executer of her will how do I file the will with the state of nebraska so I can sell her house

And does it get filed in probate because it's worth over $50,000 dollars

Julie Fowler
Julie Fowler answered on Jan 7, 2021

Have you looked at the Nebraska Supreme Court's self-help center regarding estates?

https://supremecourt.nebraska.gov/self-help/estates

There is a flow chart on there that explains the general process when there is an informal probate with a will. As you can see, there are a...
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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: In NE, is the mother awarded temporary custody after spliting from the Childs father if they weren't married?

My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?

Julie Fowler
Julie Fowler answered on Jan 5, 2021

It depends on the judge. There is a split on this.

Some judges rely on older caselaw that states that the mother has automatic custody when the parents aren't married and there isn't a custody order.

Other judges state that if paternity has been established (such as by...
Read more »

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1 Answer | Asked in Internet Law and Sexual Harassment for Nebraska on
Q: Will a sergeant from the ICAC contact an individual to discuss about charges accused to them?

Girl from Bumble listed as 18. Flirtatious photos sent and claims she is almost 17 and lives near the area. Father calls next day threatening 30 years in prison. Counseling fees said need to be paid. ICAC Sergant contacted next day through a text asking to "speak about allegations of being in... Read more »

Julie Fowler
Julie Fowler answered on Jan 4, 2021

I'm not sure what you are referring to by the abbreviation of ICAC. Your facts sound similar to a well-known blackmail scam.

See article with advice on such scam below:

https://www.jbsa.mil/News/News/Article/1503978/sextortion-scams-continue-to-occur-dont-give-into-scammers-demands/

1 Answer | Asked in Criminal Law for Nebraska on
Q: What exactly does attempted possession charge mean in Nebraska?

They want to drop the charge from possession to attempted possession of a controlled substance Also drop the paraphernalia charge totally. And keep the shoplifting charge.

Julie Fowler
Julie Fowler answered on Jan 4, 2021

An "attempt" offense is generally a lesser offense that can still be supported by the same general facts. These are often used as part of plea offer as "attempt" offenses often carry a lesser minimum/maximum sentencing range than the offense itself. Thus, the prosecutor may... Read more »

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