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Nebraska Questions & Answers
2 Answers | Asked in Bankruptcy for Nebraska on
Q: Are new credit card debts included in Chapter 7 bankruptcy filing?

I plan to file for Chapter 7 bankruptcy and have used a new credit card about three months before filing, accruing approximately $400 in debt. I have made some payments on this card. Will this debt be included in the bankruptcy if I can't repay it?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2025

Credit card charges made within 90 days prior to a bankruptcy filing are NOT dischargeable and must be paid by the debtor.

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1 Answer | Asked in Divorce, Child Custody and Family Law for Nebraska on
Q: How to file for divorce living in different states with agreed child custody and no assets?

I'm seeking information on how to file for divorce when my spouse and I live in different states. We've been living separately since August 2024, with me having custody of our children as agreed. We’ve sold our shared house and have no assets to divide. How should we proceed with the... View More

James L. Arrasmith
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answered on Jun 12, 2025

You're in a good place to move forward since both of you agree on custody and there are no assets to divide. The fact that you live in different states doesn’t stop you from filing—it just means you'll need to file in the state where you currently live, as long as you meet the... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Which state's guidelines apply to my child support payments after the order moved from CA to NE?

I originally had a child support order in California, where payments stop at age 18, but it was moved to Nebraska in 2018, where they stop at 19. The court also adjusted the payment amount when it was moved. Currently, the child resides in Texas. When the time comes, should I follow the original... View More

James L. Arrasmith
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answered on Jun 12, 2025

This is a really common point of confusion when child support orders move between states, and it’s important to get it right. Once your case was moved from California to Nebraska and that state took over enforcement and modified the terms, Nebraska’s guidelines began to apply. That includes the... View More

2 Answers | Asked in Child Custody, Child Support, Military Law and Family Law for Nebraska on
Q: How can my partner seek visitation rights for his daughter living in Illinois?

My partner was active military when his daughter was born in Iowa. Child support was granted to the mother, but no visitation rights were established. The mother moved to Illinois with their daughter 3 or 4 years ago. He has had minimal communication with the mother, who often stops responding to... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

If you want the Court to enter an order of custody and a set parenting time schedule, you generally need to file the original custody action in the county where the minor child is residing. If the child was residing in Nebraska, the general process includes filing the custody action with the... View More

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2 Answers | Asked in Business Law and Securities Law for Nebraska on
Q: Legal databases for consultant history checks in Nebraska

What are the legal databases I can use to conduct an initial check regarding the legal history of a consultant (investor advisor + contractor)? I'm looking for databases that offer relevant information for a nominal fee.

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

There are a number of databases to review a person's history that are available to the public. For example, the State of Nebraska has a website with information about obtaining a criminal background check, searching court cases, and searching for a person's driving record. All three of... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Was I arrested for a shoplifting citation in Nebraska if my case was dismissed and I paid court costs?

I was issued a citation in Nebraska for a shoplifting charge, and my case was later dismissed with me only having to pay $45 in court costs. I was not fingerprinted, and I can't recall if I received any paperwork indicating an arrest. Was I considered to be arrested in this situation? If an... View More

James L. Arrasmith
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answered on Jun 10, 2025

You’re right to want clarity, especially when it comes to something that could affect job applications, background checks, or official forms. In Nebraska, being issued a citation for a criminal offense like shoplifting is generally treated as a non-custodial arrest. That means you were... View More

3 Answers | Asked in Divorce and Family Law for Nebraska on
Q: How can I access my parents' recent divorce documents online in Nebraska?

Is there a way for me to access my parents' recent divorce documents online? I am not aware of any restrictions on the case.

Julie Fowler
Julie Fowler
answered on Jun 3, 2025

Assuming you are an adult, then you can go to the Nebraska Judicial Branch's website under Case Information and look up publicly available court documents by party name for a small fee:

https://supremecourt.nebraska.gov/e-services/case-information-eservices

This will show you...
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1 Answer | Asked in Civil Litigation and Contracts for Nebraska on
Q: Can a company sue me to repay an employer for damages they paid?

If a company I work for pays another company money because I broke something, can the company that received the funds sue me to repay my employer on their behalf?

James L. Arrasmith
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answered on Jun 12, 2025

In most situations, the company that received the payment from your employer cannot sue you directly to recover that money. Their legal relationship is with your employer, not with you, so unless you personally caused them harm outside of your job duties, they don’t typically have standing to sue... View More

2 Answers | Asked in Appeals / Appellate Law and Tax Law for Nebraska on
Q: How to appeal a denied tax refund claim due to mailing date discrepancy?

I filed my tax return, and it was dropped off at the post office on 04/15, but it didn't arrive until 04/17. My claim for a tax refund was denied because of this. I have tracking information showing the drop-off date. How can I file an appeal for this denial?

Julie Fowler
Julie Fowler
answered on Jun 3, 2025

You aren't denied a tax refund just for filing a couple of days late. The exception to this is if you are past the generally 3 year statute of limitations. However if you are 3 years and even a day late, then an allegation of filing even one day late can prevent you from being due a tax... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: Can my 22-year-old boyfriend face legal trouble for dating me, a 17-year-old, in Nebraska?

I am 17 years old and involved in a consensual relationship with my 22-year-old boyfriend in Nebraska. My parent is aware of the relationship. As a precautionary measure, I want to know if he could face legal trouble for dating me.

James L. Arrasmith
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answered on Jun 10, 2025

In Nebraska, the age of consent is 16, which means that a person who is 17 can legally engage in a consensual relationship with someone older, including someone who is 22. As long as the relationship is truly consensual and there is no evidence of coercion, exploitation, or other criminal behavior,... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Nebraska on
Q: Steps to remove a boat parked for 5 months on my rented property in Nebraska.

I gave permission to someone to park their boat on my rented property in Nebraska for 24 hours. It's been five months now, and attempts to have them remove the boat have failed. I've spoken to the owners multiple times, and each time they say they'll retrieve it, but they... View More

James L. Arrasmith
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answered on Jun 12, 2025

Since the boat has been on your property for five months without your ongoing permission, it now qualifies as an abandoned or trespassing vehicle under Nebraska law. A motor vehicle is abandoned if left unattended for more than seven days on private property if left initially without permission of... View More

Q: How can I address my ex-wife's harassment despite a parenting plan in Nebraska?

I have a court-mandated parenting plan with my ex-wife that requires us to maintain respectful communication. Despite this, she constantly sends harassing messages via the parenting app, including threats, profanity, and name-calling. This behavior continues even after mediation attempts, and she... View More

Julie Fowler
Julie Fowler
answered on May 20, 2025

If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Guidance on filing for emergency custody/TRO due to violations of a temporary injunction in a divorce case.

I am currently representing myself in a divorce case where there was a standing mutual temporary injunction issued in 2021. My husband has violated this order by committing acts of parental alienation, removing our children from Texas, and there are multiple CPS cases in three states for severe... View More

Julie Fowler
Julie Fowler
answered on May 18, 2025

Some of the language you are using are terms used in Texas and not the language that we normally use in Nebraska custody cases. Your question is posted under Nebraska. If your case is pending in Texas, then you should repost in Texas.

In Nebraska, it would be highly unusual for a...
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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 14, 2025

The answer here is going to depend on how the order was treated (if temporary orders or part of a permanent modification). Without looking at the orders/parenting plan/financial plan it is impossible to advise on whether a Motion to reinstate support or Notice of deployment ending would be... View More

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2 Answers | Asked in Estate Planning, Probate and Contracts for Nebraska on
Q: How to protect non-married partner's rights to stay in my house if I pass away or become incapacitated?

I have named my non-married partner as the primary beneficiary on all my accounts, and my house is nearly paid for. However, my family might attempt to evict them from the house if I pass away or become incapacitated. What is the best way to legally protect my partner's rights to stay in the... View More

Perry Andrew Pirsch
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answered on May 8, 2025

The "best way" depends on a number of factors and preferences that are not fully developed in your question, but you can accomplish protecting an unmarried partner through a trust, a deed with joint tenancy with right of survivorship, possibly a transfer on death deed, powers of attorney,... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Employment Law for Nebraska on
Q: Facing charge as a felon in possession with questionable evidence consent in Nebraska. Should case be dismissed?

I am facing a charge of being a felon in possession of firearms. The only evidence is a one-page typed police report stating that I consented to a search, but I did not actually give consent. A gun was found in the center console of a borrowed truck. The officer involved in my case is deceased, and... View More

Julie Fowler
Julie Fowler
answered on May 14, 2025

Generally the witness must be present to testify as to what they saw, said, or heard. Otherwise it is considered hearsay and hearsay is generally excluded from evidence. However, there are many exceptions where hearsay can be submitted into evidence if it meets the criteria for the exception.... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: Can I reclaim child support if I have had full custody post-divorce for 4 months?

I have 50/50 joint legal and physical custody of my child with my former spouse, and I am ordered to pay child support due to income disparity. Since our divorce was finalized 4 months ago, our child has been living with me full-time, with no modifications to the custody arrangement. My ex-spouse... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 7, 2025

Absolutely not. Support is due and owing and nonmodifiable each month. The best course of action would be to file to modify and you should be able to stop the support accruing, but you won't be able to go back after her to recoup what you paid unfairly, unfortunately.

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1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for Nebraska on
Q: Does a lease clause on foul language violate First Amendment rights?

I have a clause in my lease that restricts the use of foul language, but it is quite vague. Recently, I left a voicemail message where I cussed, and my landlord said they are issuing a violation notice against me for this. I received an email indicating that this notice is forthcoming. The lease... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to feel concerned, especially when vague lease terms are being used against you. The First Amendment protects your right to free speech from government censorship, but it doesn’t apply the same way to private landlords unless they are acting on behalf of a government entity or... View More

2 Answers | Asked in Contracts, Employment Law and Personal Injury for Nebraska on
Q: Owed $31,000 after terminating NP contract due to mental health; advised legal steps in NE?

I graduated with a Master's in Nursing Family Nurse Practitioner degree in December 2024 and signed a contract with a pain management group before obtaining my license. The contract stated it would not be fully instated until I was licensed. I trained for 4 weeks without having my own... View More

Julie Fowler
Julie Fowler
answered on May 7, 2025

In some circumstances, employment law does allow the employment contract to include an employee having a duty to pay back the employer for on-the-job training costs or the cost of schooling that the employee received for free from the employer with the idea that it will be at no cost to the... View More

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1 Answer | Asked in Immigration Law for Nebraska on
Q: What type of visa suits my multiple job interests in the US for temporary and permanent options?

I am currently in the United States and considering multiple fields of work, including working as a Lot Porter for a car dealership, taking wedding photos, and applying my skills as a sewing equipment engineer. I am interested in both temporary work visas and a pathway to permanent residency. What... View More

James L. Arrasmith
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answered on Apr 28, 2025

Your diverse work interests present some immigration challenges, as most temporary US work visas are tied to a single employer and occupation. For your engineering skills, the H-1B visa might be suitable if you have relevant qualifications, while photography work could potentially qualify for O-1... View More

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