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Nebraska Questions & Answers
1 Answer | Asked in Child Custody for Nebraska on
Q: My spouse hasn't seen our kids in almost 8 months, has had no contact with them. Can I file for abandonment?
Julie Fowler
Julie Fowler
answered on Jan 4, 2021

You can file such, but just having 6 months of no contact is not an automatic grant of a termination of parental rights request due to abandonment. It is a very high bar for the Court to terminate parental rights.

1 Answer | Asked in Animal / Dog Law for Nebraska on
Q: My late fiance and I shared a dog, is there anyway his mom can take the dog?

We got the dog when his uncles dog had puppies. We didn't pay for the dog and she has always lived with me. I have had the dog since he passed away, almost 2 years ago. I'm looking into licensing her, I'm not sure if she already is or not. I just want to make sure that there's... View More

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

In Nebraska, a dog is personal property, just like any item in your home. Unless there are ownership papers that someone else owns the dog, the person who the dog lives with is generally the dog's owner. If the dog has ownership papers in one person's name but has lived with another... View More

1 Answer | Asked in Tax Law for Nebraska on
Q: Can the IRS put a lien our house if my wife is considered an injured spouse and we aren’t in a community property state

I owe some back taxes to the IRS from 2009-2012. I haven’t filed taxes since then because I’m 100% service-connected disabled with the VA so my income is tax free. I married my wife in 2016 so she was unaware of my back taxes. — We have been taking care of her taxes by filing ‘injured... View More

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

Your question is too specific for a general posting board like this. The IRS has some of the most powerful tools of all creditors to collect back taxes. That being said, there are certain exemptions that they cannot garnish from. Even if your income is exempt, your assets may not be or may only... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: What exactly does attempted possession charge mean in Nebraska?

They want to drop the charge from possession to attempted possession of a controlled substance Also drop the paraphernalia charge totally. And keep the shoplifting charge.

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

An "attempt" offense is generally a lesser offense that can still be supported by the same general facts. These are often used as part of plea offer as "attempt" offenses often carry a lesser minimum/maximum sentencing range than the offense itself. Thus, the prosecutor may... View More

1 Answer | Asked in Civil Rights for Nebraska on
Q: Have my privacy rights been violated when my personal contact info has been disclosed to an individual?

Is it legal for a private business (hair salon) to disclose my (a customer) contact information (that they have on file) to another customer so that they could contact me involving a "fender bender" in the business parking lot? Is it also legal for that business to have that other... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2021

A Nebraska attorney could advise best, as privacy and confidentiality issues could be governed by state laws. But your post remains open for five weeks. In terms of parking lot footage, it is generally not afforded privacy protection in most any jurisdiction. The means for obtaining such video... View More

1 Answer | Asked in Internet Law and Sexual Harassment for Nebraska on
Q: Will a sergeant from the ICAC contact an individual to discuss about charges accused to them?

Girl from Bumble listed as 18. Flirtatious photos sent and claims she is almost 17 and lives near the area. Father calls next day threatening 30 years in prison. Counseling fees said need to be paid. ICAC Sergant contacted next day through a text asking to "speak about allegations of being in... View More

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

I'm not sure what you are referring to by the abbreviation of ICAC. Your facts sound similar to a well-known blackmail scam.

See article with advice on such scam below:

https://www.jbsa.mil/News/News/Article/1503978/sextortion-scams-continue-to-occur-dont-give-into-scammers-demands/

2 Answers | Asked in Child Support for Nebraska on
Q: My ex husband owes thousands in back child support. Our children are grown and I do not need the back child support.

Can I terminate back child support owed to me? If so how in Nebraska?

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Dec 16, 2020

You can execute a receipt for the amount owed which will cancel it out of the enforcement system.

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1 Answer | Asked in Employment Law for Nebraska on
Q: I'm wondering if what i experienced is harassment at my old job. I was bullied but not sure if it was illegal behavior.

I was looking for the definition of harassment in Nebraska.

Julie Fowler
Julie Fowler
answered on Dec 16, 2020

Have you looked at the Nebraska Equal Opportunities Commission website? There is information there to help you find if behavior was not legal and for you to file a formal complaint with the NEOC if you believe there was.

https://neoc.nebraska.gov/

2 Answers | Asked in Uncategorized for Nebraska on
Q: Are "Clerk Magistrates" authorized to perform marriages?
Julie Fowler
Julie Fowler
answered on Dec 16, 2020

Neb Rev Stat 42-108 includes clerk magistrates as those authorized to perform a marriage ceremony.

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2 Answers | Asked in Child Support for Nebraska on
Q: I currently live in PA but I am making a move to Nebraska for schooling. Im so confused on how to get benefits in here.

I'm making a move to Nebraska from PA for college. I get medical assistance for my son and thats it. My sons father is not involved at all and I don't get child support either I never did. Now I had someone tell me the only way I can get daycare and medical assistance is if I am getting... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 8, 2020

Every parent has a legal duty to support their child; it cannot be eliminated simply by not being part of child’s life. As far as I am aware, every state requires a person seeking public benefits and assistance to also attempt to obtain child support from other parent. In this case state funded... View More

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2 Answers | Asked in Social Security for Nebraska on
Q: Does Social Security Disability pay for an assisted living facility or a nursing home?

Eighty year old mother has been newly diagnosed with muscular distrophy. She is currently collecting social security in retirement (worked until age 75). Is she eligible for Social Security Disability and, if so, does Social Security Disability pay for an assisted living facility or a nursing... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 8, 2020

Social Security Disability (SSD) gets replaced by normal social security at retirement around age 65. So your mother will not qualify for SSD.

Your mother likely qualifies for Medicare. If so, they will pay some or all of the costs of assisted living.

Talk to your state benefits...
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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How can I get guardianship over my 18 y/o cousin that lives with me and her mom wants nothing to do with her?

Also I just need to get the school stuff transferred to our name so she can get a bus to pick her up but her mom does not want to cooperate

Julie Fowler
Julie Fowler
answered on Dec 9, 2020

To obtain custody of a child when you are not the parent, you generally need to file a guardianship action with the county court. Generally the Court is not going to grant a non-parent custody unless it is shown that the parents are legally unfit to care for their child. This is a very high... View More

1 Answer | Asked in Child Support for Nebraska on
Q: How do I avoid getting child support from my baby's father in Nebraska (PLEASE PLEASE HELP)

My baby's father is already $12k backed in child support from his first kid. I have thought it through a million times and I am 100% sure that receiving child support for our baby wouldn't be beneficial. I want the baby to still have his last name so I can't just not have him sign... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2020

If you aren't receiving public assistance, you should be able to ask the child support office to close the case. If you are receiving public assistance and the father is in the same house, you should be able to ask the child support office to close the case as long as the father is also... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: Do you have 3 days to surrender yourself if fail to appear in court before being charged with this.Nebraska

My brother was out on bond on a felony charge, and forgot to appear in court. He has never done this before. Court was at 930 am. He was arrested at 2:00 pm for failure to appear. I read ne rev statute 29-908, and it says you have 3 days to surrender yourself before being charged. Would that apply... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2020

You can be arrested for a failure to appear warrant even if you missed a court date less than 3 days ago.

2 Answers | Asked in Adoption, Child Custody and Child Support for Nebraska on
Q: How can my partner get partial custody or temporary guardianship of my child from previous relationship?

Also will it affect the child support pending?

However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

It depends on a lot of factors. A parent's rights are superior to those of a non-parent. The Court can grant a non-parent custody or visitation rights in limited circumstances. These are generally through a guardianship action when a parent is unfit or a request for in loco parentis... View More

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1 Answer | Asked in Consumer Law and Collections for Nebraska on
Q: Debt collection agency has sent us a notice about a bill we believe is invalid. What can they do if we don't pay?

We've responded by mail, said the debt is invalid, provided more information. What are our rights if they ignore/don't accept what we've sent? Can they sue, put a lien on our house, what?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Nebraska Attorney General's Website has some good information that might be a good place for you to start.

https://protectthegoodlife.nebraska.gov/debt-collection

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: Can cps keep my kids away from me? I haven't seen my kids in 4 weeks since they took them!
Julie Fowler
Julie Fowler
answered on Dec 1, 2020

CPS generally has to offer reasonable efforts at reunification and to preserve the family. In some situations, there is a determination that no contact is in the children's best interests (this is relatively rare). If you children have been removed by CPS, you should hire an attorney or... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: without loosing his job, my ex managed to get notification to child support that he was no longer employed.

Some how my ex was able to send some kind of falsified notice to child support stating that he's no longer employed by the company he is still and has been working for for 3 yrs. How can this happen and why won't child support enforcement tell me how they were notified? What recourse do I have?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Child Support Office is limited in what information they can provide to the custodial parent. You can send an income withholding to an employer on your own. You are not required to have child support send the income withholding. It is not uncommon for family law attorneys to do so. You... View More

1 Answer | Asked in Family Law for Nebraska on
Q: How can I gain rights to my step daughter?

My husbands ex wife is involved with cps in Texas and had her other child removed from her home for meth use and neglect. My husband has residential custody of the child they had together in Nebraska where we currently live. I have been in her life for 4 years and legally married to her dad for... View More

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

The best protection would be to become the child's legal mother by adopting her through a step-parent adoption action. You would need to have the biological mother's parental rights terminated, which is a very high bar and would require a contested court action if the biological mother... View More

1 Answer | Asked in Family Law and Health Care Law for Nebraska on
Q: Who has authority over dying father adopted eldest or biological
Julie Fowler
Julie Fowler
answered on Nov 22, 2020

As long as the person is competent, they get to make their own decisions. If the person becomes incompetent, then the person set forth in their power of attorney would get to make legal decisions for them. If these documents aren't in place, then the person who wants to become the legal... View More

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