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Nebraska Family Law Questions & Answers
1 Answer | Asked in Family Law for Nebraska on
Q: What to do about Non custodial parent not complying with parenting plan which is causing child to have behavior problems
Julie Fowler
Julie Fowler
answered on Feb 19, 2024

Filing a show cause/contempt action may be the way to go. This action is used to ask the Court to enforce the Order and to sanction the other party for not following the Court order. Whether this is the way to go or not depends on the specifics of your situation. Depending on what the issue is,... View More

2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More

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2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
James L. Arrasmith
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answered on Feb 22, 2024

If you're filing a joint tax return and your spouse has outstanding child support obligations but does not have any income for the year 2023, you may still want to consider filing an Injured Spouse Allocation form (Form 8379) with your tax return. This form is used to ensure that the portion... View More

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Getting divorced in Nebraska. she has terminal cancer. She's still on my health insurance. Proceed with divorce?

Do I spend money to file? I assume if I we don't proceed I'd be responsible for unpaid medical.

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Yes, you are potentially responsible for your spouse's medical debt in Nebraska, especially if you are the guarantor of the party's health insurance. In Nebraska, a divorce is a process that includes a 60 day mandatory waiting period before you can finalize the divorce, even if both... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If there is no legal custody set up for my child. can I be called in for kidnapping if I decide to keep my child.

I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More

2 Answers | Asked in Family Law for Nebraska on
Q: Is my marriage legal and how do I apply for a new marriage license with someone else? Is my married name legal?

After my husband passed away I found out he was still legally married to someone else

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

If your husband (or presumed husband) is deceased at this time, then it doesn't matter whether you were legally married previously or not for purposes of marriage/re-marriage. You can move forward with getting a marriage license with your fiance since your prior (presumed) spouse is deceased.... View More

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2 Answers | Asked in Family Law for Nebraska on
Q: Is my marriage legal and how do I apply for a new marriage license with someone else? Is my married name legal?

After my husband passed away I found out he was still legally married to someone else

James L. Arrasmith
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answered on Dec 31, 2023

Discovering that your husband was still legally married to someone else at the time of your marriage raises significant legal questions about the validity of your marriage. In most jurisdictions, if a person is already married, any subsequent marriage is usually considered void from the start. This... View More

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1 Answer | Asked in Child Custody, Family Law and Criminal Law for Nebraska on
Q: visitations

My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy

James L. Arrasmith
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answered on Dec 23, 2023

In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I need a temporary guardianship form?

My child will be staying with her grandparents and she needs to be enrolled in school in another state. I have a parenting plan in place and need to get it modified. There school system needs a temporary guardianship signed by the court to enroll her in school.

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

If this is just temporary and both parents are in agreement, then you can generally use the temporary delegation of parental powers form on the Nebraska Supreme Court's website. Both parents would normally need to complete the form. It would be up to the school whether this form would be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers

Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I think my husband filed for a divorce back in 2020 after us being separated 7 yrs whole he was in prison behind my back

I found court papers he filled out when he was in prison in Nebraska State. They called it "dissolution of marriage" which he wrote down that he didn't know how to contact me and tried my parents phone but no one ever answered. There is a notary signature on it. My question is how do... View More

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

You can go on the State of Nebraska Judicial Branch website and search for court cases under your name and his name. If you have a divorce case in Nebraska, it should show as a court case in Nebraska under the parties' names. I believe there is a relatively small fee to search for... View More

2 Answers | Asked in Family Law and Probate for Nebraska on
Q: What can you do if a grandchild who was not named in a will takes things from a deceased person's house and won't return
Julie Fowler
Julie Fowler
answered on Nov 28, 2023

I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More

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1 Answer | Asked in Family Law for Nebraska on
Q: contempt need to be filed immediately. Is there a time limit?

just happened saturday

Julie Fowler
Julie Fowler
answered on Nov 20, 2023

There isn't a specific time limit to file a contempt action. However, if you don't act on enforcing your rights, you may waive them after a period of time. There isn't a set time period and it depends on the specific facts of the case. Depending on your judge, the next available... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my son that has temporarily delegation over my daughter let her come stay with me her mom in another state if he si
Julie Fowler
Julie Fowler
answered on Nov 19, 2023

A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.

If there is a dispute...
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1 Answer | Asked in Family Law for Nebraska on
Q: On a parenting agreement, what does 15 days uninterrupted parenting time mean?

Does vacation have to be 15 days in a row? Can one parent take 15 days total on the others parenting time split over the year? Do the parents have to switch off if a holiday in the parenting agreement causes one parent to have the child over 15 days?

The statement says:

Vacation... View More

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

For an answer how to read your specific decree, you need to speak with an attorney and read the decree and parenting plan together as a whole. Just reading one snippet and not knowing the background on your case could result in you interpretting something very different from how the Court might... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Is the District Court of Douglas County NE. contracted by the Title 4-D agency to set child support orders?

If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed

Julie Fowler
Julie Fowler
answered on Nov 14, 2023

The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Nebraska on
Q: My father passed 6 yr ago married for 30 plus yrs she has been placed in a nursing home house was sold and her children

Took the money from it her care has been taken care of financially before selling the house. Am I entitled to anything

James L. Arrasmith
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answered on Nov 12, 2023

When a married person dies in Nebraska, the surviving spouse is typically entitled to an elective share of the estate (either 1/3 or 1/2 depending on if there are children). This applies even if the deceased spouse left a will giving everything to other beneficiaries.

The proceeds from the...
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1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Can I get my child support interest written off I just owe interest
Julie Fowler
Julie Fowler
answered on Nov 6, 2023

You don't have a right to write off the interest owed even if only interest is due at this time. The party that it is owed to may be willing to write it off or agree to a lump sum payment to write off the rest. You would need to contact the party that it is owed to in order to request they... View More

1 Answer | Asked in Family Law for Nebraska on
Q: PLEASE ANYONE WITH INFORMATION ABOUT FILING FOR A FOREIGN JUDGMENT IN THE STATE OF NEBRASKA? HOW CAN I FIND THE FORM?
Julie Fowler
Julie Fowler
answered on Oct 30, 2023

As far as I know, there isn't a form for this. This is something that you would have to draft on your own or hire an attorney to draft for you. If you are looking to register a custody order in the State of Nebraska, Nebraska Rev. Statute Section 43-1252 has some information regarding the... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

Julie Fowler
Julie Fowler
answered on Oct 10, 2023

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

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