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Nebraska Questions & Answers
2 Answers | Asked in Child Support for Nebraska on
Q: Just finalized child support and divorce in April. Daughter is currently 17. I got a raise. What can my ex do to get ch

Child support raised in his favor? In Nebraska it's only reviewed every 3 years. I am more than willing to raise it for him.

Is there a cap on it? Thank you

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Dec 26, 2021

Either parent is free to pay anything additional you would like. If you wish to raise it through the courts, that requires filing a Complaint to Modify and Voluntary Appearance and Stipulation and proposed Order to make a change that is permanent and enforceable. Generally the change needs to be... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it illegal for an 18 year old who is a ward of the State of Nebraska to run away?

Is it illegal for someone who is 18 and a ward of the State of Nebraska to run away from their foster placement if they aren't on probation and have no criminal cases pending? Especially if they deciced to run to a different state? Could anything be done once they cross that boundary into... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

If a child is in foster care and runs away, the State generally has an obligation to make attempts to retrieve the child and then often has additional restrictions placed on the child so the child doesn't run away again. Encouraging or assisting a child to run away can be charged as a crime.

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Babies father is refusing to pay child support and has now left the Country on vacation it's been 3 months with no pay

We settled on an amount because he was supposedly not working and I found out he is working for his brother and getting paid cash/under the table. He will not answer when I ask about the payments and has now left the Country on vacation. It's been a lot of lies about legal status and... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

If you want a party to be court-ordered to pay child support, you can file an action with the Court to establish a child support order. Once the child support is court-ordered, you can use the legal methods available to try to collect the child support. This includes wage garnishment, passport... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Nebraska on
Q: What fees and deposits are landlords allowed to charge for pets in Nebraska?

I’m trying to rent a new apartment in Nebraska. The listed rent price is $745/month. The deposit is $500 and they said they’d charge a $200 refundable pet deposit but now the lease agreement they sent me states they will charge $183 for the refundable pet deposit plus an additional $217... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Nebraska Legal Aid has a handbook that has some general information regarding landlord/tenant rules that you may want to review before speaking with an attorney about your specific information.

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

1 Answer | Asked in Legal Malpractice, Contracts and Estate Planning for Nebraska on
Q: Should the estate Atty (executor) provide a periodic accounting of legal costs to the beneficiaries? it’s been 9 months.

We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.

There should be an accounting of fees...
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1 Answer | Asked in Child Support for Nebraska on
Q: My child support order was 7 years ago, 6 years ago we bought a house and moved in together. Can we close the case?

We live in nebraska and both agree on the matter. We live together, share the bills and raise the child together. We no longer want to have child support taken out of check and deposited into our account. how can we close the child support case?

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

It depends on whether the State or public assistance is involved in your children and your lives. If the State isn't a party to the case and there is no public assistance involved, you should be able to file a motion with the Court to terminate the child support and no one will likely object... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you...
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1 Answer | Asked in Immigration Law for Nebraska on
Q: Does the DMV check my address on SEVIS?

I go to the college in Nebraska as f-1 student. Although, I also live in Iowa where my family lives. I go there about twice a month and during the summer. I want to get license in Iowa but my SEVIS address is in Nebraska. I want to know does DMV allow me to apply for DL with the address that does... View More

Agnes Jury
Agnes Jury
answered on Nov 26, 2021

This is a question for the DMV in Iowa. Best wishes!

1 Answer | Asked in Family Law for Nebraska on
Q: What is the definition of a significant other in the state of nebraska?
Julie Fowler
Julie Fowler
answered on Nov 12, 2021

I don't think there is an universal legal definition of significant other in Nebraska law. It is going to depend on the context and type of case.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Whose responsible for a collapsed sewer line discovered two days after moving in my newly purchased home?

My daughter just bought a house and moved in. Rite away the sewer started showing signs of problems. She had a camera ran thru the line and was told it was collapsed. She wasn't told anything about this during the purchase. It seems this had to be known issue that wasn't disclosed.... View More

James Polack
James Polack
answered on Nov 11, 2021

If the Seller knew of the problem and failed to disclose, they can be found liable in court, pending proof, etc. Nebraska law provides attorney fees in some circumstances, and if the Buyer is sucessfull, and if the case is filed within a year of purchase or possesion, depending which was first.... View More

1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I was adopted and im 18. My parents kicked me out and threw away all of my belongings. Can I take it to court?

I was adopted back in 2016 of the start of the year. I am 18 now and was kicked out of my home for “not doing what’s best for me” when I had job interviews scheduled they refused to take me. I have been asking them nicely for my belongings and I learned from my little sister who lives in that... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 19, 2021

The legal age of majority is 19 years old in Nebraska, not 18 years old, and legally your parents are still responsible for you. Start with the child abuse hotline and see if NDHHS can suggest some resources for you. There is likely not a lot of recourse for your personal property unless it was... View More

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... View More

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Insurance Defense for Nebraska on
Q: With commercial auto insurance (both parties commercial vehicles) is loss of use covered?

Garbage man hit my equipment trailer that I use daily. I had no choice but to rent one and it’s been over a year and at faults insurance still has paid out a dime. It took them 8 mo to deem a total loss and now only wants to pay for 14 days of rental fees and no loss of use. I’ve spent nearly... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2021

A Nebraska attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the terms of the policy. Vehicle property damages are generally limited to parts/labor for repairs or market value for geographic region, with rental for a limited and... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If neither parents have custody of a child, can 1 parent refuse further visits due to child being mistreated?

Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.

Julie Fowler
Julie Fowler
answered on Nov 12, 2021

If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.

If the parents don't agree on how much time, if any, the child should spend with either...
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1 Answer | Asked in Estate Planning for Nebraska on
Q: Can a person with power of attorney change a will, or make it so beneficiaries do not get property they are to recieve?
Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2021

No, a will cannot be made or amended by an agent under a power of attorney. When it comes to making a will, that authority is not delegable. It is sometimes possible for a conservator to make or amend a will for a ward, but that is rare and it requires court approval.

2 Answers | Asked in Divorce and Real Estate Law for Nebraska on
Q: Does a subordination of real estate lien hold up the selling of property, until paid?
Julie Fowler
Julie Fowler
answered on Sep 23, 2021

It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... View More

1 Answer | Asked in Antitrust for Nebraska on
Q: How should I go about signing a legal document where someone I bailed out of jail will return my money?

The date they will receive a check for my money is in about 3 weeks. They are willing to sign a legal document stating they will return the money as soon as they receive it. If this person is already being garnished for a different case what is the chances of me receiving if they do not pay after... View More

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

If you have a written contract, it may be easier to have the Court's assistance in enforcing the terms of the contract if the other party breaches the agreement. The are a number of ways to protect yourself when you loan someone money, such as a promissory note or collateral.

It is...
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1 Answer | Asked in Child Support for Nebraska on
Q: We had a temp hearing. The judge ordered child supt. When do I start paying? Order hasn’t be signed or filed in court.

We got 50/50 and the temp order states child support and alimony for me to start paying and for both of us to take care of our own mortgages and bills. She has not made the mortgage payment and I haven’t pay for child support and alimony yet since I don’t have any court paperwork. Her lawyer is... View More

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

The Order will include the start date that the judge ordered the payments to start. Most temporary orders are entered by the Court within a relatively short period of time after the hearing occurs, from a few days to a month or so on average. If the other party was required to prepare the order... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Filling out driver's motor vehicle accident report online, I accidentally hit the submit instead of save button

Once you submit, it is filed. Should I be worries? Accident was not my fault.

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

If you didn't fill out the accident report as you intended, you may want to call and explain what you accidentally did and ask how to have the report re-opened.

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