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Questions Answered by Vanessa Jean Gorden
2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... Read more »

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1 Answer | Asked in Adoption and Child Custody for Nebraska on
Q: my cousin give me her baby and we type a paper saying that I have temp custody of her .what can I do ? to keep her
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2020

First, a typed paper alone is not enough for delegated parental authority unless it is notarized and uses this form: https://supremecourt.nebraska.gov/self-help/families-children/temporary-delegation-parental-powers

Second, if the parent revokes the Temporary Delegation at any time, it is...
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2 Answers | Asked in Domestic Violence and Family Law for Nebraska on
Q: My children are being abused physically and emotionally by their mother. What are my options?

She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 6, 2020

You should call the hotline or law enforcement to report this. You may also file for a modification of custody in order to obtain custody of your children. What the children want is a consideration, but not determinate. However, if the treatment by mom rises to the level of abuse and there is... Read more »

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1 Answer | Asked in Child Support for Nebraska on
Q: My ex-husband and I divorced July 18, 2017. And 2 kids and us live together I want to stop child support? How can i ?

We moved in November 22, 2017 and are back together as a family we both provide for our kids so I don't want him to pay child support?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 5, 2020

If you have reconciled as a family and your ex-spouse is now providing direct support, either of you can file a Complaint to Modify and reduce the support to zero. If your intent is to remarry you can simply provide notice of that and a Motion to set aside any child support. If he has arrears... Read more »

2 Answers | Asked in Child Support for Nebraska on
Q: can two child support orders orders be issued for just one child ? For father in prison and mom who g-ma currently has

SoMy sons dad was issued child support then I never received any payments but the order still stands I went to prison for 4 1/2 yearsAnd my mom received temporary guardian because of length of my prison stay . Where then I was put on child support as well! Is this legal for two child support... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 1, 2020

The issue is that the parents are the persons who have an obligation to financially support their child or children. Grandparents and others have no legal responsibility to provide financial support for children they did not give birth to or adopt. Both parents have an obligation to support their... Read more »

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2 Answers | Asked in Family Law and Civil Litigation for Nebraska on
Q: I’m in Nebraska my wife cheated can I sue the third party
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Apr 15, 2020

There is no "alienation of affection" claim in Nebraska, so no way to sue the other party. Further, if this unfortunate situation results in your divorce, the affair/infidelity has no bearing on the court's decisions either. I wish you all the best as you determine what your next... Read more »

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2 Answers | Asked in Family Law for Nebraska on
Q: I need to know the legal side of a divorce. Like can my husband take everything from em like he threatens
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Apr 8, 2020

The only way to really know your rights and responsibilities in a divorce is to confidentially visit with an attorney about the specific facts of your situation. The attorney can talk about the potential options and positive and negative aspects of your position. As a general rule, courts try to... Read more »

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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

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 7, 2020

If you are accepting Medicaid, child care subsidy, or any other public benefit (food assistance, AFDC, etc.), and you do not reside with the father, Child Support Enforcement is going to require him to pay support officially. You will have some input into how much is acceptable, but it will need 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

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 7, 2020

That depends on whether the paternity matter and child support matter are completed or not yet. Typically there is a process involved and it's not immediate. It's relatively inexpensive for you to simply order a new copy of the birth certificate from Vital Statistics if you wish. Best wishes!

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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... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 5, 2020

If out of state travel is not addressed in the Parenting Plan, generally either parent may take the children out of state for any period that does not overlap the other parent's parenting time. However, case law in Nebraska is clear that the custodial parent cannot permanently move the... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: I already have a child support order set. Does it need to be redone once we file for divorce?

We have child support set. But the divorce papers are asking us to refill out all that information

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 24, 2020

If you already have a child support case through the courts that case needs to be listed/identified in the divorce filings so the Court is aware of it. It generally makes the most sense for clarity and future modification needs to have both custody/parenting time and child support ordered under the... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: Seeking a custody change

My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 11, 2020

To modify your current orders in Nebraska you will need to show a material and substantial change in circumstances such that had those been known, a different order would have been entered, and that the change requested is in the children's best interests. From the limited info here, it does... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: Do I have to pay child support if my son joins the military. I live in Nebraska and it’s my understand I pay till 19
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Nov 18, 2019

If your child joins the military and that is included as an intervening event that would terminate support (child is no longer dependent upon parents for support due to military involvement), then you would want to file a notice that that event has occurred to terminate your support. Your best bet... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: My child turns 19 on December 3rd 2019, do i own child support for December in state of Nebraska?
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Nov 18, 2019

If your Decree was issued by a Nebraska Court and your child support terminates at the age of majority, then, yes you would pay December child support because it continues "on the first of each month" after Order is issued until an intervening event happens. You would not pay for January... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: What is my next step?

I have been trying to get approved to foster my disabled granddaughter since January. The state has drug this out for 5 months. I have done everything that they have recommended of me so that I could be approved. I was informed Monday that they have denied me. I have talked to two people that were... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 5, 2019

If your granddaughter is involved in juvenile court and foster care, you can Motion to Intervene as a grandparent. Your best bet is to visit with an experienced juvenile law attorney. You have a right to see your home study as well, so that you can address it in Court if necessary. At the very... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: I realized my husband has an affair with other woman cheated before, can I sue her before my divorce?

He told me he is visiting his family in Europe but he is there with her now. Can they be arrested for a crime when they come back?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

Adultery is not a crime, but if your spouse is using marital assets to fund a vacation with his mistress, that may affect some of the judge’s financial decisions. I am sorry to hear you are going through this difficult situation. If you want to take charge, you should consult confidentially with... Read more »

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2 Answers | Asked in Divorce for Nebraska on
Q: Rx-wife is continually in contempt of court per their parenting plan in which the judge enforced, but that judge wont

Hold her in contempt. What can I do legally?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: Can my child's father take my children out of state for vacation if i don't give him permission to leave state?

I have full custody

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

Unless your Parenting Plan specifically says he cannot leave a defined geographical area, he can travel freely during the confines of his scheduled parenting time. Many parenting plans include language about notifying for travel out of state, but do not require permission. However, if it is not... Read more »

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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Does parent time mean neither the father nor mother have custody?

I got on probation a year ago, and im ordered to have it for another year. When I was on probation for 7 months I went to see my boyfriend who i was court ordered with probation not to have contact with. Things happened and i found out i was pregnant. I'm now five months pregnant and i... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 15, 2019

Alot of the answers to your questions are going to depend on how you are otherwise doing on probation and how your child's father is doing with his. Are you drug testing and testing clean? Are you living in a safe and stable environment? Obtaining prenatal medical care? Otherwise following the... Read more »

3 Answers | Asked in Divorce for Nebraska on
Q: How do I go forward when judge has ordered it a civil case in regards to back alimony
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 16, 2019

All money judgment enforcements are civil actions. Your question is a bit unclear as to where you are in the process, but I would note that the process for civil or criminal contempt for nonpayment is the same. If you did not receive alimony at the time of your divorce, you can never have it... Read more »

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