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Nebraska Questions & Answers
1 Answer | Asked in Real Estate Law for Nebraska on
Q: Does a party in a long term unmarried relationship with their name on a mortgage but not the deed have property rights?

Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

The Court generally looks to who is listed on the title of the deed to determine ownership of the home.

That being said, it is possible to receive compensation when the parties have an agreement and one party would be unjustly unriched by the Court not following the agreement and awarding...
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1 Answer | Asked in Child Custody for Nebraska on
Q: We would like to get custody of my husbands daughter but he has a misdemeanor drug charge 3 years ago Is it possible?

It’s a misdemeanor with a taken off felony. We take her to school , homework, grooming activities. She works nights and leaves her with 13 year old son that daughter doesn’t get along with.

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

A misdemeanor drug charge from 3 years ago doesn't automatically exclude someone from being successful in a custody action. It wouldn't be a fact in the person's favor, but the Court could still award custody if the overall facts support that it is in the child's best interests... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: If I received a harrasment protection order, would that affect any online evidence in custody modification?

Have joint custody with ex having primary physical

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

I'm not sure what you mean by online evidence. If there is an allegation or an order that someone is harassing others, this could be a factor a judge would take into consideration when determining custody or parenting time.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Sexual Harassment for Nebraska on
Q: Can I get the school district to pay for outside counseling for my daughter, after being sexual harassed by a teacher?

The teacher is being investigated by the police, he has resigned and admitted to his wrongdoing. Charges have not been filed yet.

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

Maybe. Contact an attorney to assist with the case. This could potentially be a service offered or a term of a settlement agreement.

1 Answer | Asked in Cannabis & Marijuana Law for Nebraska on
Q: Cop used a frisbee with a weed store logo on it as probable cause. I have a court date and got a misdemeanor

It was Nebraska heading out of Colorado the cop said he clocked me going 85 when I was going about 70

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

You should retain a criminal defense attorney that practices in the County that you were charged in. Depending on the overall facts of the case, a motion to suppress or similar motion may be appropriate.

1 Answer | Asked in Federal Crimes for Nebraska on
Q: If you get a lawyer and there is a retainer for 30k, how do you know how many hours they actually work ?

Also if there is money left over, can you get it back?

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

You should review the fee agreement with the attorney before signing the fee agreement and making the retainer payment. The fee agreement will have details as to how the attorney calculates/reports their hours and if any unused retainer will be returned to you. There are number of different fee... View More

1 Answer | Asked in Child Support for Nebraska on
Q: Hello,I was trying to get a copy of a child support order in 1990 from a Delaware County Pa from 1990? I’ve have been

getting no answers from DHHS or child support in many counties . The courthouse states it’s a “special request” and they will get back to me.Also stated no arrears if it was not modified before moving after a year? I now live in Ne. and received a letter from DHHS here in Ne. 2 years ago... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

You would want to contact the Court or an attorney in the county that you are trying to obtain the records from.

I'm not sure what you mean by "special request." Here in Nebraska, you sometimes have to order the file and then wait a couple of days for older files to be...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How can we get emergency custody of 2 kids if we live out of state and parents are in divorce?

My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I recently completed a diversion program in the State of Kansas. Will this record show on a criminal background check?
Julie Fowler
Julie Fowler
answered on Mar 2, 2021

At least in Nebraska, once diversion is completed, the charge is dismissed and the file sealed. Thus, generally the charge and the diversion completion won't show on a standard criminal background check.

1 Answer | Asked in Consumer Law for Nebraska on
Q: I bought a car, paid for with a cashiers check. I now have a clear title in Nebraska and have licensed it.

The dealer just contacted me and said they can't cash the check because they gave me the wrong name. What are the ramifications?

Thanks!

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

A court isn't likely to allow you to get a car for free from a dealership. You will likely need to work with the dealership and probably the bank to get this resolved.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do I terminate guardianship given to my mother? Does temp guardianship terminate my rights?

My daughters were staying with my mom in Nebraska, while I was in the process of moving from Texas to another State. I was staying w/ a friend while finding a place to live & getting my youngest signed up for preschool. I signed for my mom to have temporary guardianship of my older daughter, so... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

If you are going to represent yourself at a contested guardianship hearing, you need to start spending a lot of time reading the rules, the statutes, and the case law to make yourself very familiar with both the procedural and the other rules involved. If any attorney quoted you $8,000 to handle... View More

1 Answer | Asked in Tax Law for Nebraska on
Q: I want to give my child a car that I purchased. Will the child or myself have to pay sales tax on the transfer in NE?

The car is only a few months old. I purchased it new.

Julie Fowler
Julie Fowler
answered on Feb 24, 2021

Your question doesn't say if your child is an adult or a minor.

Generally purchases/gifts from family members are not exempt from the normal rules. The DMV's website has information about the sale and taxes required to be paid....
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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I live in California. Daughter is graduating high school in CA end of May 2021 and then turns 18 2nd week of June.

We are relocating day after high school gradation in May. Child turns 18 middle of June. Child support ends 18 or graduation in CA whichever comes 1st. We are relocating day after graduation. Can I file in Nebraska right when we get there for another child support order since Nebraska child... View More

Julie Fowler
Julie Fowler
answered on Feb 23, 2021

When you register an out-of-state child support order in Nebraska, some rules from the original state still apply. This includes the "duration of the child support order." This means that the age of majority that automatically terminates child support from the original state still... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: i am 16 and received a ticket for expired registration and a failure to appear can i go to jail for that?
Julie Fowler
Julie Fowler
answered on Feb 23, 2021

Possibly? Yes, but you generally wouldn't expect jail time with this charge. It depends on the facts of the case. You should seek assistance from local criminal defense counsel.

1 Answer | Asked in Trademark and Traffic Tickets for Nebraska on
Q: Expired Registration

If I got pulled over for expired registration & when I went to the courthouse to show proof of registration, they said that the cop never filed the ticket & that I didn’t have to do anything, not even show proof of registration. I didn’t have to go to my court date, will that still show... View More

Julie Fowler
Julie Fowler
answered on Feb 23, 2021

Generally dismissed charges aren't going to show on any criminal history or background report. Exceptions to this may be very high level security clearances. Even then, they aren't generally looking for things like renewing your registration a little bit late.

1 Answer | Asked in Divorce for Nebraska on
Q: Colorado common law since 2007 now live in nebraska.How do I get divorvced and where?

Together since 2003. Common law,married since 2007. Have live in Nebraska now for 21/2 years . LOTS OF ABUSE HAVEMANY RECORDINGS TO PROVE IT BUT DIES IT EVEN MATTER .I NEVER WORKED BECAUSE HE WOULD NT LET ME .AM I ENTIGHTLED TO ANYTHING WE HAVE NOTHING EXCEPT THE MOTOR HOME WE LIVE IN AND A FEW... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

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

1 Answer | Asked in Civil Litigation for Nebraska on
Q: How do I prove something was a gift in small claims court?
Julie Fowler
Julie Fowler
answered on Feb 17, 2021

It depends on your facts. Small claims court doesn't allow attorneys and the formal rule of evidence don't apply. Whatever documentation you have to support your statement could be useful to provide as evidence to the Court. If there isn't anything in writing or otherwise tangible... View More

1 Answer | Asked in Civil Litigation for Nebraska on
Q: Girlfriend at time is now taking me to small claims court for purchase of truck she told me I could get. What to do??

Purchased in June 2020 now we not together wants me to return truck in February 2021?

Now she suing me any advice?

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

It depends on more facts that what you state here.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Q: My kids were removed from my home 12/1/20 by CPS. I was assigned a free attorney. Should I get a paid attorney?

Is it worth my money (we are kinda poor, I'm disabled) to hire and pay for an attorney in lieu of using the free court appointed attorney? Asking because she's nice but not motivated at all, probably overworked. My caseworker has done ZERO since removing my kids. I thought I read Federal... View More

Julie Fowler
Julie Fowler
answered on Feb 23, 2021

Majority of court-appointed attorneys are very good. They often handle a lot of cases so they know what the judges find persuasive. Some may have large caseloads and may struggle to give each file as much attention as they otherwise would like. Sometimes you do get better results with hiring a... View More

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