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I am employed overseas and need assistance in a transfer of jurisdiction of case from Florida to Nebraska (where the children currently reside). At the time of getting served with a notification of a Motion or suite filed against me in Florida, I was in Texas with the children over Thanksgiving.... View More 
answered on Aug 29, 2024
The originating Court retains exclusive and continuing jurisdiction unless the case is moved, which requires a number of steps. The originating court (which I understand to be Florida from the facts stated here) would be the proper court to file in unless or until the matter is moved. To move the... View More
answered on Apr 4, 2024
That is correct. Child support in Nebraska is due in full and owed on the 1st of each calendar month and it is paid by the month and not pro-rated. Just as children are minor dependents for tax purposes in the year they turn 19 whether they turn 19 in January or December, support is owed for the... View More
I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More
answered on Mar 14, 2024
Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More
The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska
answered on Nov 18, 2024
There is a method for filing as next friend of the child to establish paternity outside of the 4 year statute of limitations.
I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.
answered on Sep 30, 2023
You may be able to “trace” your premarital property into the new home you purchased to have the court separate it from the marital estate before dividing what is marital. You will need an experienced divorce lawyer to help you through that process. Best wishes!
Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More
answered on Sep 20, 2023
The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More
Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody
answered on Sep 20, 2023
You will want to use the Nebraska.gov/Justice system to pull the public records of guardianship to see if it is still in place or has been terminated (this will cost a nominal fee). Your best bet is to visit with an attorney familiar with custody and guardianship to advise you on next steps. If... View More
How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More
answered on Sep 20, 2023
You can try writing in the correct reasoning and having both parents sign off and have signatures notarized. However, depending on how much your child support is each month, your best bet is likely to just hire a lawyer to draft a Stipulated Termination so the lawyer can reference your specific... View More
I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help
answered on May 9, 2023
Hello. There is a lot of more specific information required for an attorney to help make sure you followed everything required. I'm assuming that you are talking about an original divorce action where you are the Plaintiff based on your characterization of this question as divorce. Your best... View More
answered on Apr 17, 2023
Yes. If you file for dissolution and an ex parte motion for temporary custody, your spouse is very likely to be ordered to return the children to Nebraska as all 50 states have enacted some version of the UCCJEA. If you do nothing and six months passes, then the new state would likely be considered... View More
answered on Mar 20, 2023
That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... View More
He is abusive and I don't want him have my address. He is withholding the payment until I give him the information. I need that income to make my monthly bills. Can you tell me what my legal options are?
answered on Dec 2, 2022
If there is a Court order for support he needs to pay through the Court or through the Nebraska Support Payment Center. He does not need your address. Best wishes!
My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More
answered on Oct 26, 2022
Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... View More
answered on Oct 24, 2022
For contempt, the Judge must first determine the threshold question of whether the facts as stated in the Application or Motion for Contempt or Order to Show Cause would make a prima facie case for contempt. If so s/he will sign the Order. If not, s/he will decline to sign the Order. If the Order... View More
We agree on everything she is in California and won't sign the paper to appear so I can file. I was told by the District court there is a waiver she can sign so not to have to appear???
answered on Jul 11, 2022
This might be two different questions from reading the above:
1) She must either be served by Sheriff with the Complaint for Dissolution OR sign a Voluntary Appearance in order for Nebraska to grant your divorce. The mandatory 60 day waiting period cannot commence until one of those... View More
The plaintiff is my ex bf whom I have a restraining order on and that no longer lives with me. The notice does not state what the reason is for the hearing. Clerk of the District Court said they do not have that information and that I should have an attorney with me on that date but I cant hire a... View More
answered on Jun 23, 2022
You would be well served to schedule a consultation with an attorney and bring in the notice of hearing you received. A Nebraska attorney can review the document and access the public court file and tell you what the hearing is about. For example, has your ex filed for a hearing on the protection... View More
She works at the same school he attends and she either keeps him home when she doesn't want to go to work or when she does go she takes him out 2-3 hours early when she leaves. I've talked to the assistant principal and she told me she's talked with my ex wife, but she gets the... View More
answered on Apr 6, 2022
The only way to have an evaluation of your specific case would be to have a confidential consultation with an attorney who is experienced in family law and familiar with the Judge on your matter and to review your current Parenting Plan and court orders as well as the child's current... View More
Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?
answered on Jan 7, 2022
Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... View More
In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... View More
answered on Jan 6, 2022
Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the... View More
Child support raised in his favor? In Nebraska it's only reviewed every 3 years. I am more than willing to raise it for him.
Is there a cap on it? Thank you
answered on Dec 26, 2021
Either parent is free to pay anything additional you would like. If you wish to raise it through the courts, that requires filing a Complaint to Modify and Voluntary Appearance and Stipulation and proposed Order to make a change that is permanent and enforceable. Generally the change needs to be... View More
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