When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... View More

The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The... View More

The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.

Keep in mind, that the Court can also sanction you for not paying child support if the other party... View More

Nebraska doesn't recognize common law marriages. However, if you were married in another state under that state's common law marriage rules, Nebraska will recognize the marriage as valid under the full faith and credit clause. That being said, in some cases it is tricky to prove whether... View More

It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... View More

If you are referring to the forms available on the Nebraska Supreme Court's website, I would recommend hiring an attorney to draft a Complaint to fit your specific situation. Those forms are serviceable in some situations but not most. That being said, if you are going to use those forms... View More

The question is probably is it proper, not is it illegal. Even if you agree on the amount of child support, the numbers you use now could affect whether you would qualify for a child support modification in the future. If the Court finds your earning capacity is $32,000 now, it could be very... View More

The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the... View More

Your question is too specific for a general posting board like this. What language makes sense in a case depends on the overall facts of the case. You would have to consult with your attorney directly.

Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.

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... View More

Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.

Marital assets are divided between the spouses, often 50/50. Just because an asset is titled in one party's name, doesn't mean it isn't a marital asset. If there was property inherited by one party during the marriage and kept separate, it likely won't be considered marital.... View More

There isn't generally an automatic increase in child support when the payor's older child emancipates. That being said, if a child support modification action was filed, the payor would generally no longer have that older child as credit for child support when recalculating support.... View More

In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.

If... View More

In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.

If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally... View More

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... View More

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If a party does not follow a divorce decree, you can file a contempt action to ask for the court's assistance in enforcing the Decree.