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Nebraska Questions & Answers
1 Answer | Asked in Criminal Law for Nebraska on
Q: How can the law inforcement break in a residence without the homeowners being home an search in Nebraska?
Julie Fowler
Julie Fowler
answered on Jun 18, 2021

Was there a search warrant? If so, then this was very likely lawful.

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: My bf and I had been arguing on the phone he threatened to take my apartment and kids from me so I called the police and

I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg

Julie Fowler
Julie Fowler
answered on Jun 18, 2021

A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... View More

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Nebraska on
Q: Please help the state has temp custody of my 4 kids all based off of lies how do I prove myself immediately

the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand

Julie Fowler
Julie Fowler
answered on Jun 18, 2021

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: hi I was looking for advice on how to handle court and getting custody of 4 minor children back into my custody

they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?

Julie Fowler
Julie Fowler
answered on Jun 18, 2021

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

1 Answer | Asked in Car Accidents and Construction Law for Nebraska on
Q: Is it legal for construction companies to re-surface a gravel road and not place warning signs?

I was driving at around 40 mph to my girlfriend's house on a gravel road, and we came up a hill and there was a long row of gravel piled up in the middle of the road. This is a major arterial road, and there were no warning signs, so as a result, it destroyed my scrape guard underneath my car,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. In many places, it could depend on the road and the amount of traffic it gets. Good practices would have involved cordoning off the gravel and putting up signs, just as you mention, so that it wouldn't be a hazard... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Child support case hasn't been reviewed in years. Could back pay be required?

My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?

Julie Fowler
Julie Fowler
answered on Jun 18, 2021

There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... View More

1 Answer | Asked in Child Support for Nebraska on
Q: In Iowa is a divorce decree with end date of child support considered an existing case ? I need to end IWO

I need to know if I file a new case or continue as existing case .Thanks

Julie Fowler
Julie Fowler
answered on Jun 3, 2021

You may need to re-post your question in Iowa. Your question is currently posted in Nebraska but only an attorney licensed in Iowa can answer a question regarding Iowa law.

1 Answer | Asked in Uncategorized for Nebraska on
Q: I found this computer I clean out houses we can have the stuff or keep it . This computer has a guy pulled over dancing

Dancing in front of a cop and it has a book that someone was writing on it and a car a burned orange color rodeo but it s got sandersons the writer and Peterson's name on it . And a girl teacher and her mom and dad making her do things to these immigrants. Wow what should I do

Julie Fowler
Julie Fowler
answered on Jun 3, 2021

If you believe you found evidence of a crime, you may want to contact law enforcement and turn over the evidence.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex wife who has legal custody of our daughter has left her with me and said she is done. How do I get child support
Julie Fowler
Julie Fowler
answered on May 12, 2021

If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex has currently gave me custody of our daughter but not legally how do I go about getting this changed?
Julie Fowler
Julie Fowler
answered on May 12, 2021

In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Nebraska on
Q: I went to an ER severe headache and pressure behind left eye. They treated me for sinusitis and discharged me. I advised

The treatment did not help and was crying because of the pain. They basically booted me out the door. (3-31-21) On 4-10-21 My 13yr old son had to call an ambulance for me as I could no longer recognize him or my daughter. I don't remember any of that. What the "sinusitis" turned... View More

Tim Bottaro
Tim Bottaro
answered on May 11, 2021

I'm sorry but I don't practice in this area of the law. A couple of Sioux City area attorneys who might be able to help you include Bob Tiefenthaler at 712/252/5080 in Sioux City and Bob Stahle at 402/494/3012. There are many more attorneys in the Omaha area which it appears is where you... View More

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1 Answer | Asked in Uncategorized for Nebraska on
Q: My partner 15 years died his son has ordered me to vacate house send him titles to cars there is no will
Julie Fowler
Julie Fowler
answered on May 12, 2021

When a person dies without a will, the state's statutes apply to determine who is awarded the possessions of the deceased. Generally speaking the state's statutes state that the deceased's possessions go to specified family members. For example, this could be the deceased's... View More

1 Answer | Asked in Consumer Law and Small Claims for Nebraska on
Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?

It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded... View More

Julie Fowler
Julie Fowler
answered on May 12, 2021

There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.

That being said, it is possible that an item produced in a...
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1 Answer | Asked in Child Custody for Nebraska on
Q: Q: My daughter in Oahu is trying to get full custody of her 3 daughters and wants to move back to Nebraska.

She has been in Hawaii for 12 yrs and very seldom gets to come back home. She is in a battle for full custody so she and the girls can move back with family. but they are asking her to do the unreasonable. Such as secure a high paying job, secure a home, make sure the schools have a high rating,... View More

Julie Fowler
Julie Fowler
answered on May 12, 2021

If her case is in Hawaii, she would need to consult with an attorney in Hawaii for what you can do to help improve the odds of winning her case.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: I was convicted of 4 dui's back in 2012 and my driver license was revoked for 15years.its been 9yrs and I need interlock

I got my life back on track and I'm a single dad with 2 kids and getting an interlock system will help me get them to school nd get me to work.please help me obtain an interlock system

Julie Fowler
Julie Fowler
answered on May 12, 2021

You should retain an attorney if you'd like assistance in filing for a reprieve. If you'd like to first look into this further on your own, there is information and an application available on the DMV's website.

https://dmv.nebraska.gov/legal/reprieve-fifteen-year-license-revocation

1 Answer | Asked in Car Accidents for Nebraska on
Q: Can another persons insurance company say an accident was your fault ,if no tickets were issued no witness or camera

My daughter was driving my car no insurance , was in an accident , a car ran a red light and hit her , and now the insurance company said they did their own investigation and finds my daughter at fault can they do that

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 31, 2021

Yes, they can do that---but you do not have to accept the conclusion of the insurance company. You can make them take you to court and prove their case before a Judge. Likewise, if you are seeking money from the insurance company and they want to pay you nothing or less than what you believe you... View More

1 Answer | Asked in Car Accidents and Personal Injury for Nebraska on
Q: My minor son was in an auto accident with the other vehicle being at fault. Multiple injuries, how to proceed for sett

Other party has stated they were at fault according to police report. We now need to go forward to reach settlement for injuries sustained to our minor son. We have a claim # with other parties insurance. My son will not be able to do some things long-term he wanted to do. We have not paid any... View More

Justin Kahn
Justin Kahn
answered on Mar 19, 2021

You may want to contact an attorney in Nebraska that works in the personal injury field to help point you in the right direction. As a minor is involved, there may be special steps you need to take.

1 Answer | Asked in Child Custody for Nebraska on
Q: Can I ask for a court appointed attorney for a child custody case in Nebraska?
Julie Fowler
Julie Fowler
answered on Mar 15, 2021

You are not entitled to a court-appointed attorney to help you with a child custody case. Unless the action being brought against you involves the potential of jail time (such as to defend against a contempt action within the child custody case) or the removal of the children from your home by a... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: Do I have the first right of refusal to watch my child in Nebraska?

My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

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

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: I live in Nebraska and as a result of losing my job am behind on child support. Can my ex withhold contact with my chils

I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

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...
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