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Nebraska Questions & Answers
1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a single 18-year-old rent and apartment in Nebraska?
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

You may want to review Nebraska statute Section 43-2101. It includes the following:

(a) Eighteen years of age or older and who is not a ward of the state may:

(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or...
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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: I self filed for a complaint to Establishing Paternity, Custody, Parenting Time, and Child Support.

Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If it is an original action (not a modification of a prior order), then the Court will normally allow the parties to set the case for a temporary hearing. You are not required to have an attorney to assist you with a custody case. However, you are still held to the same court rules and procedures... View More

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1 Answer | Asked in Construction Law, Consumer Law and Contracts for Nebraska on
Q: I am trying to find the class action law suit filed against a pool builder in Omaha, NE. Where would I find this info?

This would have been filed against Stanger Enterprise DBA Premier Pools which is now located in Valley, NE.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If you want to search for cases that have been filed against a specific party in Nebraska, you can search the Court cases by party name. You can do this online through the case files available on the Nebraska Judicial Branches website. If you want to look at case specific information beyond party... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: My car was totaled but I had a purchase offer does the insurance need to honor the purchase offer

State is Nebraska

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2022

A Nebraska attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney as to state-specific insurance practices, the short answer is that they do not usually have to, as protocol followed in most places nationwide. Insurance... View More

2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

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

Vanessa Jean Gorden
Vanessa Jean Gorden
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

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2 Answers | Asked in Child Custody for Nebraska on
Q: Is a judge able to refuse to hear a contempt case I filed on my daughter's father for refusing 9 court ordered visits?
Vanessa Jean Gorden
Vanessa Jean Gorden
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

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1 Answer | Asked in Family Law for Nebraska on
Q: I was incarcerated for 15 yrs now I owe over $50,000 in arrearages can this amount be forgiven?
Julie Fowler
Julie Fowler
answered on Nov 3, 2022

Yes. If the party that is owed the money wants to forgive the child support debt, the Court will generally allow it. If the party who is owed the money doesn't want to write it off, then your options are often limited and you may likely need to start making payments towards the debt.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I shouldn't take a plea deal if I am innocent correct

I bought a carfrom a lady we both counted the money and then proceeded to write up bill of sale and sign the title the next day cops came and took my car and said the lady said I gave her fake money they checked the money in my wallet and seen I had no fake money I had just recently sold some land... View More

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

You need to speak with your criminal defense attorney about your best options. If I have a client who states they are innocent, I prepare the case for trial and try to gather the evidence to prove the client is innocent. If the client ultimately decides to take a plea deal instead of going to... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My husband and I ended our relationship and I have gotten my own place. Am I obligated to allow him to stay with me?

We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... View More

1 Answer | Asked in Trademark for Nebraska on
Q: Is it against the trademark to state "fits the American Girl doll" on the listing of my crochet patterns?

On the pattern itself, it just says for 18-inch dolls. But in the description and search it states AG 143 Hiking Set - Crochet Pattern for American Girl Dolls

This is for the “PATTERN” only Not the completed item!

Fits the American Girl, Madame Alexander, Springfield, and... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2022

Your use of the doll trademark to specify that the pattern fits that doll is "nominative fair use" of the trademark. It is not an infringement since you are not selling dolls or competing with the trademark owner, just informing the pattern market what doll yours fits.

1 Answer | Asked in Employment Law for Nebraska on
Q: If I have an email stating that I would be paid a set amount at the start of summer. Never received that wage.

Is my employer required to retroactively pay me due to the payroll employee just not paying me that amount bc she didn't think I should get that.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 2, 2022

You should first discuss the situation with the individual that told you that you would receive compensation at the higher rate. If they don't agree to retroactive payments, then you should contact a Nebraska employment attorney. While the email you mentioned is not a contract, you may want... View More

1 Answer | Asked in Divorce for Nebraska on
Q: My spouse doesn't want to come to divorce court in Nebraska I was told there is a waiver she can sign?

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???

Vanessa Jean Gorden
Vanessa Jean Gorden
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...
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1 Answer | Asked in Public Benefits and Domestic Violence for Nebraska on
Q: Do I have to be notified ahead of the hearing date why someone is taking me to court so I can prepare?

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

Vanessa Jean Gorden
Vanessa Jean Gorden
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

1 Answer | Asked in Libel & Slander, Contracts, Criminal Law and Personal Injury for Nebraska on
Q: legal documentation of inability to dispense medication nebraska legal documentation inability to dispense personal abil
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

A Nebraska attorney could answer best, but your question remains open for two weeks. Part of the post may have gotten left off in uploading - the question is not fully clear. There's no guarantee all posts are picked up, but you could try reposting again. Do not include personal information in... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: I have legal custody of my son his mother had a visitation with him and she refuses to return him and has left the state

I called the cops and they say it's a civil matter even though I have legal custody of my son we've been through Court

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

There are a number of options here depending on the specific circumstances of your case. Law enforcement is sometimes the last resort. Sometimes law enforcement won't assist without a further court order. Depending on the circumstances, you may need to get an order stating that law... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: We received a vacate notice from our landlord even though we have faithfully paid rent despite his failure to do repairs

We have been told to vacate our rental within 30 days. We were notified shortly after an ongoing plumbing issue was addressed. We have faithfully paid rent despite the repairs our landlord had failed to do, minus the one my husband did because of the fire hazard and lack of smoke detectors. We do... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

It depends in large part on the terms of your lease agreement. If your lease is up and the lease only requires your landlord to now give 30 days notice to vacate, it may be within the property owner's rights to ask you to leave in accordance with the terms of the lease. You would need to... View More

1 Answer | Asked in Child Support for Nebraska on
Q: How does Nebraska determine if someone only owes 10% of their monthly income in child support?

What are the guidelines for being “low-income”

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

This is how the Nebraska Child Support Guidelines defines minimum support:

§ 4-209. Minimum support.

Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the...
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1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: I want to sell digital art online through my own website. I live in Nebraska.

What tax and business law will i have to follow? When would i need to start paying taxes? Do I need a permit or anything like that? Where can i find accurate info about this?

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

The US Small Business Association might be a good place for you to start. The website of the Nebraska District Office of the SBA has tools to help small business owners get answers to their questions. For example, it looks like there is a seminar today in Lincoln, Nebraska about What's... View More

1 Answer | Asked in Consumer Law for Nebraska on
Q: My wife and I bought a car from a used car dealership 3 months ago.

The dealer did not disclose that it had a rebuilt title. We checked the CARFAX and it was a salvage title in Mississippi. The car has been having issues and is currently not operational. The dealer told my wife that the car was never repaired, but when I talked to him today he stated that the car... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

If you purchased a vehicle that you at least knew had a salvage title, you would have known that some major repairs had to have been done on the vehicle in order to make it operational again after a total loss. You will want to review your purchase agreement in detail. If the vehicle was... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: How do I get out of my lease for security reasons? I have proof and have contacted the mgmnt co and it still continues.

The apartment building I live in has key secure entrances...sometimes. People that live there or don't live there leave the doors lodged open with any freaking thing they can find to get in the building from paper to a nickel. I have lived there when other mgmnt co ran it and it was so worse... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

Nebraska Legal Aid has put together a handbook that is often a good place to start for these type of questions.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

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