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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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!

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... View 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... View More

Technically, there is no legal right to sibling visitation unless there is a juvenile case opened where all of the children are involved. That said, a number of concerns come to mind. At 15, even if you have a job and an appropriate place to stay, being "cut out" by a parent prevents you... View More

Hello. If you do not have a stable home and your parents are taking advantage of money you are earning, you are unlikely to be emancipated. Emancipation is very rare and typically only available to those who are already living independently despite their minority. However, you may qualify for... View More

Since you mention he has physical custody, it sounds as though there is a court order in effect. If you also have court-ordered parenting time, you may be able to file a contempt action against custodial father for interfering with your parenting time. If the interference is severe enough, you may... View More

It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under... View More