Brendan Michael Kelly's answer Spousal privilege cannot be claimed. The idea of it as a defense in a criminal matter (domestic assault, sex trafficking, drugs) is really no longer valid. Some communication may be excluded or barred, but over the year the privilege has been eroded.
Bruce Alexander Minnick's answer Before making a much bigger mistake than the mistake you are trying to avoid, I strongly advise you not to re-publish any proprietary information in any form whatsoever, unless and until you have received the original publisher's written consent--which may require the original publisher to obtain the consent of the author before doing so. If you do not understand what I am warning you about, you should hire a very experienced copyright lawyer to explain the concept of liability to you.
Julie Fowler's answer If a party was court-ordered to pay child support and did not pay, you can generally still collect the back child support owed even after the children have emancipated. If you contact your local child support services office, they may be able to offer you enforcement/collection services for little to no fee. You can also pursue enforcement/collection of the back child support on your own or through an attorney. Ways to collect back child support include income withholding, garnishments,...
Julie Fowler's answer To modify a custody order, the most common method is to file a modification action with the court. This begins by filing a complaint to modify and serving the other party. The Court is generally hesitant to eliminate all parenting time. That being said, if the other parent is not interested in exercising parenting time, they may not defend against the action to prevent it.
Julie Fowler's answer The law allows the parents to make decisions on whether to allow their child to date and who to date. Although the law does have some restrictions on sexual contact (such as what is referred to as statutory rape), generally these type of decisions are normal parenting decisions that the law does not interfere with. If the custodial parent is making decisions that are not in the child's best interest, it may be time to file a custody action and ask for custody of the child.
Julie Fowler's answer In Nebraska, child support arrears are owed to the estate of the deceased. It is possible for the estate to continue to pursue collections of child support arrears. Sometimes they are pursued but often not.
Julie Fowler's answer If a spouse is ordered to pay alimony in a divorce and does not pay, the most common method of enforcement is to file a show cause/contempt action to ask the court to force the person to pay or face up to 6 months of jail time. This is a civil action that is normally filed within the court case where the divorce decree was entered. There are also other methods of enforcement such as garnishment.
Brendan Michael Kelly's answer Unless your father signed for the bills they are not likely to be able to hold them responsible. Contact take the billing dept and explain the circumstances. I would also hold on to all the billing after reading them in case they take legal action. If they do you should contact legal aid.
Julie Fowler's answer When a person who owes back child support (payor) has the potential to inherit in a probate case, the person who is owed child support (payee) can file an action in the probate case. This is usually by filing a child support lien in the probate case. The money that the payor would inherit would then instead be paid to the child support payment center to pay out to the payee towards back child support.
Vanessa Jean Gorden's answer You have a choice for the 2018 filings because you were married the entire year. If you both agree you can file jointly and split a return (get that in writing), or you can each file as married filing separately. If your divorce decree deals with the tax issue, you must follow the court order. Best wishes!
Julie Fowler's answer Most orders are referring to the tax filing year when they state whether the tax benefit relates to an even or odd year. There isn't a way to know whether your order is like most order or not without reading the full document. If an attorney assisted you in the order, you may want to contact their office to clarify.
Vanessa Jean Gorden's answer The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the responsibility to pay support or to have rights of parenting time for the child. If child support has been established and court-ordered and he does not pay, he may eventually be held criminally liable for...
Julie Fowler's answer Most Nebraska Decrees require a specific order to move the children out of the State of Nebraska. When an ex parte order is entered, there is a hearing set within a short period of time (generally 10 days). At that hearing, the parties present evidence (often in affidavit form, but depends on what county the case is in) and the court determines whether to keep turn the ex parte order into a temporary order or not. If a party failed to disclosed an important fact when requesting their ex...
Peter N. Munsing's answer you have hit personal property so you need to act accordingly. Nebraska seems to require you stop, identify yourself etc https://nebraskalegislature.gov/laws/statutes.php?statute=60-696
Vanessa Jean Gorden's answer Child support is separate from daycare and medical expenses, it does not come out of the amount he will be required to pay. However, if paying child support and daycare would put the father under the poverty line, he would not be ordered to share the daycare costs. I hope this is helpful! Best!
Julie Fowler's answer Pursuant to Nebraska Court Rules of Pleading Section 6-1115 (a), a party has the time remaining to file a response to the original pleading or within days 10 days after service of the amended pleading, whichever is longer, unless the court orders otherwise.
Generally, an amended complaint can be mailed to the address that the party was served with the original complaint. It is very important to file an updated address with the Court so that all parties and the court are aware what...
Kevin L Dixler's answer If you married your husband based upon a K-1 visa, then you have proven that you entered the marriage in good faith. The only issue is whether the I-864 must be completed by your husband. There are significant legal arguments. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship. Note that...
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.