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 »
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 »
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!
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
You have a choice for the 2018 filings because you were married the entire year. If you both agree you can file jointly and split a return (get that in writing), or you can each file as married filing separately. If your divorce decree deals with the tax issue, you must follow the court order. Best...Read more »
The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him...Read more »
There is a Nebraska decree that gave the two parents joint custody, my daughter is asking for full custody and it hasn't gone to court yet. In the mean time my ex son in law who lives in Iowa filed false allegations of child abuse against my daughters boyfriend. My ex son in law just got an... Read more »
Your daughter will need to hire an attorney right away to address this issue. Ex parte orders (orders issued without hearing) are very temporary in nature and can only be in place for a couple of weeks before a hearing is held where she will have the chance to provide her own information and...Read more »
His dad pays half of the daycare each month right now but only has him 13% of the time. I am curious since i filed for child support, if he will still be obligated to pay daycare as well as full child support or if daycare expense is included in child support amount. Thank you!
Child support is separate from daycare and medical expenses, it does not come out of the amount he will be required to pay. However, if paying child support and daycare would put the father under the poverty line, he would not be ordered to share the daycare costs. I hope this is helpful! Best!
In 2015 I made motion to set aside dissolution of marriage due to a void judgment. The opposing party didnt respond in time. Clerk entered defailt motion. Case dismissed. Now, 3 years later they are bringing me back in for Order to Show Cause. Id like it thrown out persuant FRCivP 60(a). How do I... Read more »
The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is...Read more »
My divorce was final in July and he was award the home which we had both agreed on. He is wanting me to pay the closing costs of refinancing and I'm unsure as to what I should do. I am not wanting to pay these costs for him, however if I do not, he states he does not have the money to... Read more »
The answer lies in your Divorce Decree. If it says you are responsible to help pay those costs, you are. If it does not say that, don't do it. It's really that simple. If the Decree makes him responsible to refinance, he has an obligation to do it if it's at reasonable cost and he...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.