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Nebraska Divorce Questions & Answers
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?
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2021

It can and should, as the grantee does not want the lien against his real property. It may have a second priority, but it is still a lien. If the grantee wants two liens against his property, then he can accept the deed with those encumbrances.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: My son 8 told me his mom is manipulating him into hanging w/ affair partner/cousin he’s scared to go back what can I do

He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids

Julie Fowler
Julie Fowler answered on Aug 19, 2021

If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.

If you want to ask the Court to enter or change a custody order or parenting time, then you would need to...
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1 Answer | Asked in Divorce for Nebraska on
Q: I was given a house by my father after date of separation but before divorce papers were filed is it separate property?

Would my house gifted to me by my father after date of separation but before divorce paperwork was filed be separate property or marital property?

Julie Fowler
Julie Fowler answered on Aug 19, 2021

It depends on the facts, but there is the potential of a marital interest in the real estate, even if the spouse is not on the title. Even if only one spouse is on the title of the deed, the spouse may not have the ability to pass a clear title if there is a marital interest in the property.... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 21, 2021

Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... Read more »

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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... Read 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... Read 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... Read 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... Read 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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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... Read 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... Read more »

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: My wife moved in with her boyfriend and now refuses talk to me about my daughter. I instead have to ask her boyfriend

Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... Read more »

Julie Fowler
Julie Fowler answered on Jan 7, 2021

It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... Read more »

1 Answer | Asked in Divorce for Nebraska on
Q: Which complaint for dissolution of marriage should be used when youngest child is 18 and attends college out of state?
Julie Fowler
Julie Fowler answered on Oct 7, 2020

If you are referring to the forms available on the Nebraska Supreme Court's website, I would recommend hiring an attorney to draft a Complaint to fit your specific situation. Those forms are serviceable in some situations but not most. That being said, if you are going to use those forms... Read more »

1 Answer | Asked in Divorce for Nebraska on
Q: Is it an illegal practice to determine how much child support you want to pay and then put in false amounts to reach it.

My husband is projecting that I could make $ 32,000 although I gave up my career to stay home with our 4 children for 16 years. So he is using that number, but refuses to use the current year for his wages.

Julie Fowler
Julie Fowler answered on Aug 31, 2020

The question is probably is it proper, not is it illegal. Even if you agree on the amount of child support, the numbers you use now could affect whether you would qualify for a child support modification in the future. If the Court finds your earning capacity is $32,000 now, it could be very... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Divorce for Nebraska on
Q: Child Support Terminated June 9,2011 DHHS Didnt recognize it till 7-15-2020. Signed rights over, Adoption was final .

State never bothered to see if Adoption was final before Divorce of Custodial parent and Adoptee. $50 A month From June 2011 - July 2020 = State owes me correct? I was in contempt three times and served over 6 months in jail two of the three times, the 1st time I payed over $2500 To be released,... Read more »

Julie Fowler
Julie Fowler answered on Aug 8, 2020

The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the... Read more »

2 Answers | Asked in Divorce for Nebraska on
Q: I asked my wife's attorney to add that I am not responsible for COBRA costs in a divorce decree. Does this protect me?

The use of the word anticipate confuses me as opposed to she will not pursue COBRA or will at her own expense.

Any and all expenses, including, but not limited to co-pays,

prescription medication, or any other expenses not covered by said

insurance shall be the sole... Read more »

Julie Fowler
Julie Fowler answered on Aug 6, 2020

Your question is too specific for a general posting board like this. What language makes sense in a case depends on the overall facts of the case. You would have to consult with your attorney directly.

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My ex-husband was awarded full custody of our daughter when she was 18. She is now 19

She attends college and lives in the dorms from mid August to May. My ex was given the right to claim her on his taxes as a dependent every year. This year she lived in the dorm from Jan-March. My new husband and I moved her from college to her dad’s in March where she stayed until the beginning... Read more »

Julie Fowler
Julie Fowler answered on Aug 5, 2020

Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: My son is getting a divorce after 5 years of marriage. They have a 9 month old baby My daughter in law moved out.

My son pays for her apartment. Part of the agreement was she watches the baby during the day so my son can work. She often calls and says she can’t because she is sick I believe she’s out on tinder dates If I can prove she is not wanting to watch her own child so she can be out and about,... Read more »

Julie Fowler
Julie Fowler answered on Jun 9, 2020

Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.

1 Answer | Asked in Divorce for Nebraska on
Q: Divorce. What am I entitled to

Been married for 36 years my husband went to divorce me until he found out I would get some of the estate

So now he doesn't put my name on anything I pay for cable, heat, groceries and all my stuff cell etc. He makes about 70 thousand a year I make 29 thousand a year. Our 3 kids are... Read more »

Julie Fowler
Julie Fowler answered on May 23, 2020

Marital assets are divided between the spouses, often 50/50. Just because an asset is titled in one party's name, doesn't mean it isn't a marital asset. If there was property inherited by one party during the marriage and kept separate, it likely won't be considered marital.... Read more »

1 Answer | Asked in Divorce and Child Support for Nebraska on
Q: Does my ex-husband's child support from his prior relationship loweroldest son turns 19 and does my raise for our 3

2 kids prior to our marriage he currently pays support. We have 3 he currently pays for. His oldest turned 19

Julie Fowler
Julie Fowler answered on Mar 25, 2020

There isn't generally an automatic increase in child support when the payor's older child emancipates. That being said, if a child support modification action was filed, the payor would generally no longer have that older child as credit for child support when recalculating support.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Nebraska on
Q: I am wanting to re-finance my home in my name only. My mortgage is in my name only. I am currently married.

We will be divorcing later - possibly next year.

His (my spouse's) name is on the HELOC (home equity line of credit) loan.

Am I able to refinance, in my name only, without any signatures from him?

I married him twice, and was awarded the house in the first divorce,... Read more »

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: bought my house before marriage, soon to be ex wife is refusing to let my dad on the property to mow. What can I do?

We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.

If...
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