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Nebraska Questions & Answers
1 Answer | Asked in Immigration Law for Nebraska on
Q: Can I apply for change of status if I get married on an ESTA

Hi. I came to the US on an ESTA visa to visit my boyfriend with the intent of staying for a month. I ended up rescheduling my flight ticket and staying longer. We are now only two weeks away from my 90-days being up and me having to leave to go back to Europe. We have decided to get married and I... View More

James L. Arrasmith
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answered on Sep 21, 2023

Entering the U.S. on an ESTA with the intent to marry and adjust status can be seen as visa fraud. It's crucial to follow the proper legal procedures and not overstay your ESTA. Consult with an immigration attorney to discuss your options and determine the best course of action, which may... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: In Nebraska: My 18 year old son is now away at college an ex is threatening me because our son no longer goes over there

My son is 18 going to college but in Nebraska you are not an adult until 19. My son no longer goes to see his father. My ex is threatening me that I’m in contempt because I’m not forcing our college student, living in dorms at 18, to go to his fathers. I don’t care about child support but... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Possible, yes. However, unless you have an unusual set of facts, it is generally very unlikely that a Judge will find a parent in contempt for denying parenting time when a child is 18 years old and living on his own in the dorms.

2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
T. Augustus Claus
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answered on Sep 7, 2023

Whether your appointed attorney should step down from your case due to their prior representation of a witness or confidential informant depends on various factors. The primary concern is the potential conflict of interest. Attorneys are bound by rules of professional conduct that require them to... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Hire a professional licensed private investigator to investigate the facts and to provide competent admissible evidence to their lawyer. Private investigators are less expensive and specifically trained in providing such services and generally have fewer limitations on what they can legally do.

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1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

2 Answers | Asked in Traffic Tickets for Nebraska on
Q: If you get a ticket and have to go to court are you already charged or not until court
T. Augustus Claus
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answered on Sep 1, 2023

When you receive a ticket and are required to go to court, you have been formally charged with an offense. The ticket serves as a notice of the charges against you and a summons to appear in court to address those charges.

Going to court is part of the legal process where you will have the...
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1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

1 Answer | Asked in Admiralty / Maritime for Nebraska on
Q: Why does the judge not answer ? Jurisdiction couny CT is CL/Meritime Admiralty? only two that have pwr to

How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been... View More

James L. Arrasmith
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answered on Sep 11, 2023

It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge.... View More

2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Julie Fowler
Julie Fowler
answered on Aug 31, 2023

You aren't required to use a specific form to make this request. Many of the forms available on the court's website do allow you to handwrite changes to match your situation. That may be a possibilty here if your court will accept it with a handwritten change. If they won't and... View More

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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Kids 9 and 11 want custody modification for 50 50 custody plan. Is there a way for them to modify with GOL or something

I'd file myself but can't afford. Would need to win the lottery or take out a loan. Wish someone would listen to them and just do whatever they would like. Kids being happy is all that matters to me.

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

In Nebraska, if a parent wants to modify the current custody order, the parent can file a complaint to modify. You are not required to have an attorney to file the complaint to modify. There is information and some forms on the Nebraska Supreme Court's website if a parent wants to try to... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: if you pay a ticket you received for failure to yield can the county attorney then change your charge to careless drivin

i got a ticket for failure to yield, I paid it, then in the mail I received a notice from buffalo county nebraska attorney saying they changed the charge to careless driving and I had to pay a bigger fine

T. Augustus Claus
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answered on Aug 29, 2023

In Nebraska, it's generally not common for a county attorney to unilaterally change a traffic violation charge after you've already paid the initial ticket. Once you've paid a ticket for a specific offense, it's often considered resolved. However, laws and procedures can vary,... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I an having a parking dispute with a resident but management is not willing to do anything. We are allowed 2 parking

The resident in question takes up 3 spaces,only giving me one . I missed a family event because I had no parking for them what can I do?

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

If you have a right to two parking spaces as part of your rental agreement, then you may need to pursue the issue further with your landlord if you are not receiving the value of your rental agreement due to the continued use of your space by another tenant. What your rights are depend in part of... View More

1 Answer | Asked in Contracts for Nebraska on
Q: I am making payments to my uncle on a car, I was wondering if I gave the car back I’d get the money back I’ve payed
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

In general contract terms, you can't just decide to not finish up payments on a contract, return the item, and ask for your money back. However, you could speak with the other party to see what terms they would agree to amend to.

1 Answer | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Order & Non-Cust. parent lives in CO. I'm in NE. He didn't pay child support 1st 10 yrs, then min for >2 yrs in '20-'21

Payments stopped when he purchased a house & I claimed bankruptcy. Per DHHS I should have received tax returns, partial covid pymnt. He owes over $100k. Both kids are now over 19. How do I know DHHS is doing anything (already asked a couple times) and what recourse do I have? He states he got... View More

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

You can review the court file to see the dates of any orders of modification. You can access the child support case file info online (for a fee) through the Nebraska Supreme Court's eservices website:

https://supremecourt.nebraska.gov/e-services/case-information-eservices

You...
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1 Answer | Asked in Family Law for Nebraska on
Q: I presently have an order of guardianship and conservatorship from the court in Wichita Kansas.

My daughter is able to manage her medical care ad her finances. There is no longer a need for my services. How do I end it? We are back in Nebraska. Can we do it there or does it have to be done I’d Kansas?

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

To terminate a Kansas order, you would generally need to go through the Kansas Court. Depending on the circumstances, you may be able to move the order to Nebraska and then have the Nebraska court terminate. However, it is likely easier just to do the termination without the separate step of... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Nebraska on
Q: My son who is 19 was charged with an mip in Nebraska while walking up to a outdoor concert. Blew0.00 and had none on him
Julie Fowler
Julie Fowler
answered on Jul 31, 2023

He should retain a criminal defense attorney. The prosecutor has to meet the burden of the charge or the charge should be dismissed. If the prosecutor believes the prosecution can meet the burden with the evidence they have, then you may need to take the case to trial to let the Court decide.

2 Answers | Asked in Contracts and Real Estate Law for Nebraska on
Q: My room mate left March of 2022. Hasn;t takeen her name off the lease. I"ve been paying rent in full. How do I recover t

How do I recover that money and get her off the lease. She resides in Houston Texas now.

Anthony M. Avery
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answered on Jul 27, 2023

It will be expensive and difficult to sue her now in TX, which will require a TX attorney. If you get a Judgment, then collection will be difficult. She probably knows this.

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1 Answer | Asked in Family Law, Child Support, Civil Litigation and Health Care Law for Nebraska on
Q: My ex sent me bills for our daughter and I paid them. She did not include discounts. Can I file fraud charges?

I was billed $3600 and told that financial assistance wasn’t available and that the total was including insurance discounts. After reaching out to the hospital it was determined the total was roughly $400 and she didn’t even make a single payment. Now she’s taking me to court for contempt... View More

Julie Fowler
Julie Fowler
answered on Jul 25, 2023

If you feel a crime has been committed, you could try filing a police report but it would be up to law enforcement/prosecutor whether the circumstances meet the criteria for the State to be willing to file criminal charges. Sometimes if they feel the matter may not meet the criteria and could be... View More

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