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Nebraska Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How does a court hearing go for a child that was removed from my home due to something I said to CPS in an email?

I've asked the state to step in and help me multiple times last year to try and get my mentally ill child in a facility cause I'm frustrated with trying to deal with her psychological behaviors so last week was the last straw and I emailed the hotline and told them if they don't help... Read more »

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

The Nebraska Supreme Court has put together a number of pamphlets that help explain the juvenile court system process. It includes what the first hearing will likely be like.

https://supremecourt.nebraska.gov/programs-services/court-improvement-project/information-youth-families

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: When a child turns of legal age, can they seek retroactive child support, even though no paternity has been established?

When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... Read more »

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: In Nebraska, if a child is 18 and moves out of his mother's home, can father's support go to kid instead of mom?

I know child support must be paid until age 19 in Nebraska, but why would the mother get the money if the child no longer lives there after age 18? Can it go directly to the 18 year old child instead?

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

It is actually not uncommon for a parent to still be ordered to pay child support even though the teenage child is no longer living with the custodial parent. The most common situation is when the teen is living in the dorms at the freshman year of college. So long as the custodial parent is... Read more »

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nebraska on
Q: Can my sons father legally evict me? He keeps threatening to. I have a daughter that lives with us too.

The house is in his name, but I’ve cleaned, maintained and furnished it since he bought it (3 years ago, (we’ve been together for 6) and also have stayed home to take care of our son his life this far. Partner pays the mortgage and some utilities, I pay for and take care of everything else. He... Read more »

Julie Fowler
Julie Fowler
answered on Dec 30, 2022

If you don't own the property, the landlord can evict you, even if your landlord is your significant other. If you are married, the rules apply differently as you generally have marital rights to the property even if you are not on the title. The landlord would need to follow the proper... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: How many protection orders are you allowed to file in Nebraska

I would like to know How many times you can File for a protection Is order in Nebraska Is there a limit on how many you can file in a year

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

I don't believe there is a set limit. However, a Court can reprimand a person (such as awarding attorney fees) for filing frivilous actions, such as repeatedly filing new actions after losing a similar action.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: In Nebraska how long does an order for ex parte temporary custody last?

My sons mother has a temporary custody order for my son how longdoes that temporary order last in nebraska??

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

If it is an ex parte order, it generally only lasts until the hearing date that is generally set soon after the ex parte order is entered (usually within about 10 days).

If it is a temporary order in a protection order case, then it often states it lasts only a certain period of time, such...
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2 Answers | Asked in Family Law for Nebraska on
Q: My ex husband is asking for the address connected to my bank account in order to transfer funds for the spousal support.

He is abusive and I don't want him have my address. He is withholding the payment until I give him the information. I need that income to make my monthly bills. Can you tell me what my legal options are?

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

You will need to look at the terms of your order. It would be unusual for your order to require you to provide such information to the other party in order to receive support.

If both child support and spousal support are owed, then the party can pay both through the Nebraska Child...
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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My husband and I ended our relationship and I have gotten my own place. Am I obligated to allow him to stay with me?

We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: I was incarcerated for 15 yrs now I owe over $50,000 in arrearages can this amount be forgiven?
Julie Fowler
Julie Fowler
answered on Nov 3, 2022

Yes. If the party that is owed the money wants to forgive the child support debt, the Court will generally allow it. If the party who is owed the money doesn't want to write it off, then your options are often limited and you may likely need to start making payments towards the debt.

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: I self filed for a complaint to Establishing Paternity, Custody, Parenting Time, and Child Support.

Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If it is an original action (not a modification of a prior order), then the Court will normally allow the parties to set the case for a temporary hearing. You are not required to have an attorney to assist you with a custody case. However, you are still held to the same court rules and procedures... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 26, 2022

Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... Read more »

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1 Answer | Asked in Family Law for Nebraska on
Q: How long does DNA test results take to come back in court ordered paternity?

Follow up to other question - friend got the court order to do genetic testing for twins that a woman claims are his but she doesn't have custody. The kids are in foster care and state has filed to terminate her rights. He is currently in jail and pending revocation of probation. How long do... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Paternity tests result speeds depend on the lab. You can generally get rush results within a few days. Normally you would expect results from most labs within a few weeks.

1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for Nebraska on
Q: An abuser deleted my messages to them which shows the truth of lies they are trying to harm me with, what can I do?

The father of my children lies outright and manipulates situations to make him self look perfect, and me like an absolute awful human. He claims, for example, that I manipulated my way onto the house title.. I told him I could prove that wasn't true with our messages. The next morning, I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Depending on how the messages were sent, there may still be a way to recover these. This could be something more complicated such as a subpoena or more simple such as your phone records or looking in your archived messages. Many cell phone providers do store text messages with your monthly bill... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can a grandparent take a custodial parent to court for visitation of her grandson?

I have full custody of my son, and his mother only has visitation rights at my discretion, and the maternal grandmother wants visitation. My son was molested while in the care of his mother, and his mother was and is an alcoholic in an abusive relationship with a history of DV. My son’s... Read more »

Julie Fowler
Julie Fowler
answered on Mar 31, 2022

A grandparent can file for visitation rights in Nebraska if they meet specific criteria. Whether the Court will grant visitation rights or not depends on the overall facts of the case and whether the grandparent meets the criteria.

The set of statutes on this starts at Neb. Rev. Stat....
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1 Answer | Asked in Family Law for Nebraska on
Q: How long does paternity case take in Nebraska?

A friend was notified while in jail that he was named as a potential father for this woman's twins. Since then he hasn't been contacted further. No court order for DNA. Nothing. Except this woman messages saying that they're his - and she lost custody about a year ago of all her kids... Read more »

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

When you are served with a paternity court case, you are required to file a response within 30 days of service if you object to the allegations in the complaint. If he hasn't filed an answer questioning paternity, then the Court can find him to be the children's legal father without... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: My boyfriends childrens mother filed for health benefits and he is now being ordered to test for paternity/child support

Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 7, 2022

Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... Read more »

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you...
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