Lawyers, Answer Questions  & Get Points Log In
Nebraska Questions & Answers
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 »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I am from Nebraska my significant other and I have a 6 year old daughter.

We broke up for a while at that time child support was started. We have reconciled and have been living together in a committed relationship since may 2018. We want to stop the support but are having problems doing so

Julie Fowler
Julie Fowler answered on Aug 6, 2020

Did Child Support Services assist you with establishing the child support order? If so, they will likely assist you with terminating the order. However, if you are receiving public assistance, he will likely need to show that the father has moved back into the public assistance household or they... 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.

View More Answers

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the extreme use of hand sanitizer cause a false positive read on an ETG urine test for alcohol?

I am a healthcare worker and recently got called to test for alcohol while on probation. My ETG test came back positive. I haven’t drank so I’m guessing it’s from my extreme use of hand sanitizer.

Julie Fowler
Julie Fowler answered on Aug 5, 2020

There is research that supports your theory. If you wanted to bring this defense in a legal setting, you might have to hire an expert to explain how this works and whether it applies in your case.

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.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can my landlord sue me for this?

I moved out of my apartment on 5/31 (the end of the lease) and now they are sending me a bill for $2,700 because apparently I was required to give 60 day notice to move out. Is there anything a I can do to dispute this?

Julie Fowler
Julie Fowler answered on Aug 4, 2020

Often a lease requires a certain amount of notice to terminate. If the period of time is reasonable, such as the Court may say 30 or 60 days as reasonable notice, then the Court will generally enforce a lease agreement entered into between the parties that requires the tenant to give 60 days... Read more »

1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: How hard is it to adopt my sisters children living in different states?

My sister reached out to me about adopting her two children. She is unfit to care for them no job, different homes, alcohol abuse, and has been sexual abuse from one father. He has a restrainging order against his child. The other childs father wants nothing to do with him niether father pays child... Read more »

Julie Fowler
Julie Fowler answered on Aug 4, 2020

If there is no involvement from child protective services or a similar organization and no one is objecting to the adoption, then it is generally just a matter of completing the paperwork and the formalities for the adoption to go through.

1 Answer | Asked in Child Custody for Nebraska on
Q: In the state of Nebraska, how far away, within the state, can a parent move when both parts have joint custody?
Julie Fowler
Julie Fowler answered on Aug 4, 2020

Once a custody order is entered, a parent generally needs a specific order from the Court to move the children out of state. If the move is within the State, the parent doesn't generally need court permission to move. That being said, if the move is such that it creates a material change in... Read more »

1 Answer | Asked in Personal Injury for Nebraska on
Q: An MD failed to act on critical lab, 6 months later my father had metastatic cancer. How long do we have to file suit?

My Father lived in Omaha Nebraska. His long standing primary care physician did annual PSA tests on my father as his father died from prostate cancer. In approximately February 2017, during annual exam my father had his PSA drawn. The result was critical as it had spiked and Medical standards... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 3, 2020

I'm sorry for your family's ordeal and that your post remains open for three weeks. Your question was probably overlooked in the Personal Injury category. You could repost under Medical Malpractice and reach out to med mal attorneys. Most offer free initial consults. Good luck

Tim Akpinar

1 Answer | Asked in Child Custody for Nebraska on
Q: If a guy claims that my child is his, can he file for custody even though he hasn’t been in her life since she was born?

She turned 4 this year and he is claiming he is going to go to court to get visitation rights. Is that even possible?

Julie Fowler
Julie Fowler answered on Jul 28, 2020

There is a statute of limitation for paternity in Nebraska of 4 years old. That being said, there are a number of work-arounds, such as asking the State to file a paternity action as the State has until 18 years old to file for paternity. Further, if there is a child support order established or... Read more »

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: This is my fiancé first offense for driving under a 15 year revocation and went to jail will he be able to Bond out

Also he charged they booked him for say DUI and he wasn’t even drunk or been drinking just picked him up from work

Julie Fowler
Julie Fowler answered on Jul 28, 2020

Yes, if a bond amount is required, a bond amount will be set for DUI and driving under revocation. Depending on the specific charge, he could be released on his own recognizance and thus no dollar amount of bond set.

1 Answer | Asked in Uncategorized for Nebraska on
Q: I live in the state of Nebraska, I am 21 years old and my girlfriend is 17

We have NOT had any sexual contact, the Extent has only been hugs and hand holding, if there was consent could i be charged for anything? i just want to be informed and not charged because of ignorance, I would much rather be safe than sorry especially in such a touchy subject as this one. Thanks... Read more »

Julie Fowler
Julie Fowler answered on Jul 28, 2020

An adult can be charged with contributing to the delinquency of a minor or similar charges even if they are not at risk of statutory rape charges.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I want custody of my child, her father has her now but I have got my other girls back in my custody & want her back too
Julie Fowler
Julie Fowler answered on Jul 28, 2020

To ask for the custody order to be modified, the general process is to file a Complaint to Modify to ask for the change in custody. You have to state a material change in circumstances that show why the change in custody is in the minor child's best interests.

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Does an employee that invents a product for an employer have any patent rights?

Approx. twenty years ago my father, xxx, invented the multi-bevel needle for Becton-Dickinson. He worked there for 37 years & has since retired. They named him the "Founding Father of the Five-Bevel Needle". All he received for this was a satin jacket with this embroidered on it.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 23, 2020

Congratulations to your father for making a real contribution to an important medical device.

As a general rule, when you are paid to invent, then company expects that the fruits of your work belong to the company. Normally, you sign agreements or consent to company policies as a part of...
Read more »

1 Answer | Asked in Juvenile Law for Nebraska on
Q: When a county attorney in Nebraska Juvenile Court has to serve parent out of the country how do they properly serve them
Julie Fowler
Julie Fowler answered on Jul 22, 2020

It depends on the facts of the case and alternative service methods are sometimes allowed. The focus is generally on trying to give the parent actual notice of the case pending and if not that, at least constructive notice that an action has been filed.

1 Answer | Asked in Probate for Nebraska on
Q: Deceased uncle’s divorce decree states his employer’s life ins policy name his ex as Beneficiary. She is not named

He was retired. His employer confirmed his ex is not listed as beneficiary and that his next of kin need to waive their rights to it for her to get it. She insists she was at one time, but assumes the employer messed up and failed to enter her name into the system. His next of kin are 2 sisters... Read more »

Julie Fowler
Julie Fowler answered on Jul 22, 2020

You will want to contact a probate attorney in the State where the estate is being probated.

1 Answer | Asked in Tax Law for Nebraska on
Q: I'm married,have been living apart from spouse for over a year -with intention to divorce. Am I legally separated?
Julie Fowler
Julie Fowler answered on Jul 22, 2020

You can file a legal separation action in Nebraska. It is similar to a divorce action in that it addresses property, debt, and child custody issues, but it is different in that the parties remain legally married. Thus, when someone says they are legally separated and mean it in the technical... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: If I tell my lawyer to skip depositions and go straight to asking for a plea deal can they do it.

My lawyer wants to do depositions, she got an approval from the judge. I dont want to do that because itll be more trouble. I just want to move to a different step or just asl for a plea deal. Can they do that if I request them to?

Julie Fowler
Julie Fowler answered on Jul 22, 2020

The party that requested the deposition can generally cancel the deposition. Whether this is in your best interest is another issue. If the prosecutor requested the deposition (or both parties requested it), then the defense generally can't just cancel the deposition. The prosecutor... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was arrested for felony flight to avoid but it was dropped down toa misdemeanor and i was put on probation for 1yr

If i violated probation what would be my sentence can they bring the felony back up

Julie Fowler
Julie Fowler answered on Jul 22, 2020

For a violation of probation, you can generally be sentenced up to the maximum jail time allowed under the original offense convicted of. Thus, if a person was convicted of a misdemeanor, the maximum jail time is generally the maximum jail time allowed for the misdemeanor, even if the original... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: i have a warrant for crim attempt class felony 4 and I dont know what it could possibly be and I don't know what to do
Julie Fowler
Julie Fowler answered on Jul 22, 2020

Many counties post their active warrants on their county sheriff's website. You could also do a case search on the Nebraska Judicial Department website if you believe the warrant is in Nebraska. https://supremecourt.nebraska.gov/e-services

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.