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Nebraska Questions & Answers
1 Answer | Asked in Uncategorized for Nebraska on
Q: I’m wondering if my husbands ex wife still has his last according from their divorce decree

My husband has an ex wife and on a page of their divorce decree it says “ if applicable her name should be restored to her former name” but then at the bottom page it say “ if applicable her former name is restored” does that mean she changed it back to her maiden name or does she still... Read more »

Julie Fowler
Julie Fowler answered on May 23, 2020

Sometimes you will see a divorce decree that gives the wife the ability to restore her maiden name. In such a case, the wife after the divorce has the option to use the decree to have her named changed back to her maiden name. If she doesn't do so within a relatively short period of time... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Nebraska on
Q: Am I able to call law enforcement to take off my missing persons report

I am 16 about to be 17 and I recently ran away from home and I have been keeping contact with my mom and she knows where I've been at but still doesn't want to take off my missing persons report, I have her consent and proof of it but she still tries to force me home.

Julie Fowler
Julie Fowler answered on May 23, 2020

A parent can contact law enforcement when their child is a runaway. Often a child is still considered a runaway even if the parent knows where the child is but can't get the child back to the parent's home. A person who is harboring a runaway can have criminal charges brought against... Read more »

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 Employment Law for Nebraska on
Q: My job for 11 years has been Monday through Friday, 7-3:30, since march we have been made to put in 5 hours over

My job for 11 years has been Monday through Friday, 7-3:30, since march we have been made to put in 5 hours over time every week and they have even forced us to work saturdays now too. I have extreme hypertension that is somewhat controlled by meds, since working all this overtime I have been... Read more »

Maurice Mandel II
Maurice Mandel II answered on May 21, 2020

The short answer is that the law has never stopped some sleazy outfit from firing a good employee. But you can sue their butts off.

I had a case like this several years ago, in California. Hypertension, high blood pressure and coronary bypass, rendered my plumbing supervisor client a...
Read more »

1 Answer | Asked in Domestic Violence for Nebraska on
Q: If a man hits a woman and she hits him back as self defense and he proceeds to beat her, is he committing a crime?

If a man hits a woman first, and she hits him back as self defense, and he continues to beat her until she is bruised all over the face with a fat lip and black eyes, is he committing domestic abuse ? He initiated the fight, and then proceeded to beat her all because she attempted to defend... Read more »

Julie Fowler
Julie Fowler answered on May 19, 2020

A defense to an assault charge is self-defense. If the party's actions were to defend against an attack, they have a defense against the charge. Self-defense doesn't mean a party can take any action to defend. For example, a party couldn't leave the scene and then come back with a... Read more »

1 Answer | Asked in Appeals / Appellate Law for Nebraska on
Q: if the person filing the partition appeals the sale of the property does the lawyer still get fees
Julie Fowler
Julie Fowler answered on May 19, 2020

The Court can order one party to pay another party's attorney fees and appeals court can change that decision on appeal. What is due between the attorney and the client depends on what is in the fee agreement between the client and attorney. Unless the agreement is for a contingent fee... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: Is there an age (of the child) in which the custodial parent would need to file for child support?
Julie Fowler
Julie Fowler answered on May 19, 2020

Child support can be requested for a newborn. You may not be able to file a new action for child support after the child has turned 18 years old in Nebraska.

2 Answers | Asked in Employment Law for Nebraska on
Q: My job has not paid me from almost 3 months ago. What should I do?

I work at a gym and I started in early February. During the first couple of weeks I probably worked about 25-30 hours. Because I was not in their system yet, I had to clock in and out using time sheets instead of their online system. After the third payday of me being there, we get paid every 2... Read more »

Julie Fowler
Julie Fowler answered on May 19, 2020

The Nebraska Wage Payment and Collection Act is designed to help protect workers who are not paid for hours worked. It generally provides for the employer to be ordered to pay the attorney fees if the employee is successful. Thus, attorneys are generally more willing to take these cases in... Read more »

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1 Answer | Asked in Domestic Violence for Nebraska on
Q: How can I get a order of " no contact" from a court judge to be dismissed in nebr .
Julie Fowler
Julie Fowler answered on May 5, 2020

It depends the origins of the no contact order and how you are related to the no contact order. If you are the victim, generally you contact the victim-witness department in the County attorney's office and request the no contact order be dropped. It is ultimately up to the judge whether to... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: My ex-husband and I divorced July 18, 2017. And 2 kids and us live together I want to stop child support? How can i ?

We moved in November 22, 2017 and are back together as a family we both provide for our kids so I don't want him to pay child support?

Julie Fowler
Julie Fowler answered on May 5, 2020

If the person paying child support is now residing with the other parent and the children, generally a motion to terminate child support can be filed to ask the Court to terminate the support order.

If the children are receiving public assistance, the parents may need to make sure the...
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2 Answers | Asked in Domestic Violence and Family Law for Nebraska on
Q: My children are being abused physically and emotionally by their mother. What are my options?

She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.

Julie Fowler
Julie Fowler answered on May 5, 2020

Every person is a mandatory reporter of child abuse. If you believe a child is being abused or neglected in Nebraska, you have a duty to report it to the Nebraska Child Abuse hotline.

A parent can file for an emergency custody order to be awarded emergency temporary custody of a child...
Read more »

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1 Answer | Asked in Child Support for Nebraska on
Q: My ex-husband and I divorced July 18, 2017. And 2 kids and us live together I want to stop child support? How can i ?

We moved in November 22, 2017 and are back together as a family we both provide for our kids so I don't want him to pay child support?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 5, 2020

If you have reconciled as a family and your ex-spouse is now providing direct support, either of you can file a Complaint to Modify and reduce the support to zero. If your intent is to remarry you can simply provide notice of that and a Motion to set aside any child support. If he has arrears... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am not a broker/realtor. Can I still create online ads seeking off-market homes and land for sale?

I read it is required by law that any real estate ad must state the owner, the broker, and the name of the company on ALL online ads (i.e. Facebook and Instagram). But I am just a private investor. So is this legal for me to post "home/land wanted" ads?

Julie Fowler
Julie Fowler answered on May 2, 2020

Have you tried contacting the Nebraska Real Estate Commission and/or reviewing their website? There is a lot of user friendly information that helps property owners/property investors know what rules to apply to them. If there isn't a clear answer, you may need to retain an attorney for... Read more »

1 Answer | Asked in Child Support and Collections for Nebraska on
Q: hi, my child support case is out of Minnesota. With my tax returns, Minnesota collected the remaining 1981.00 that was

hi, my child support case is out of Minnesota. With my tax returns, Minnesota collected the remaining 1981.00 that was due. The case has been closed for almost a year. After Minnesota collected the 1981.00 from taxes, they failed to notify the irs that the debt was paid, and to remove my name from... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

If your case is out of Minnesota, you need to contact the child support office in Minnesota and then an attorney licensed in Minnesota if the child support office can't assist you in having the funds returned to you. You may want to act quickly. In Nebraska, funds are distributed fairly soon... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was faslaccused of false reporting and settiing up my ex boyfriend. My door was broken into and our snake was missing.

I was accused of breaking my own door and was accused of having the snake here thr whole time when it wasnt. Then it magically appeared in my place in a toy box. I'm being charge with false reporting and trying to set my ex up when I was telling the truth. He claims my stories dont match up... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

If you need assistance in defending against a criminal charge, you should request a public defender or hire a criminal defense attorney to assist you. From the facts you describe, you may have a good defense against the charge.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can you break a rental lease if there is an infestation of wasps.Landloard wants to have sprayed but ther are children

with extreme asthma..It is an old house and has many holes and broken places they can get in even if he has sprayed.Wasps are flying around this place all thetime

Julie Fowler
Julie Fowler answered on May 2, 2020

A good place to start for info on this topic in Nebraska is the Nebraska Legal Aid Landlord-Tenant Handbook.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Child Support for Nebraska on
Q: What if husband son is 18 and he has been living in his own apartment.. can his mother still get child support for him..
Julie Fowler
Julie Fowler answered on May 2, 2020

Yes. Child support in Nebraska generally continues to the age of 19 years old. It is common for child support to continue even when the child is living out of the home, such as when a child is living in the dorms at college but the parent is still helping support the child. That being said, the... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I am a Canadian and I tried crossing the border into the US and after finger printing, security asked me about

an incident from 1978 in which I was detained in Omaha, Nebraska and the following day I was released with no charges, not arrested, they gave me no paperwork. Now customs are asking for paperwork to show there were no arrest or charges. I googled my name and shows no arrests ever, how do I get... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

Have you tried obtaining a copy of your criminal history report?

https://www.nebraska.gov/apps-nsp-limited-criminal/

If you need more info than the basic background report, there is a "help section" on the above website that tells you how to request the more detailed...
Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: Can the CEO of my company ask an Auditor to reveal my identity on allegations that I filed against the company?

I filed a complaint against my company with the State. There is widespread corruption (steering, worker safety issues, staffing issues, moving problemed clients between homes). The state completed the audit. When the auditor, whom I contacted, addressed our CEO about the allegations she asked who... Read more »

Julie Fowler
Julie Fowler answered on May 2, 2020

What to do in a situation you describe depends on too many factors to be able to give the type of general answers that can be posted on these type of message boards. You need to contact an employment law attorney and go through the facts of your case in detail and what is best for you to do in... Read more »

1 Answer | Asked in Native American Law for Nebraska on
Q: How would I get my trailer back that I let my brother-in-law stand for like five years and he never paid rent

He said he will fix it up for us and give it back when we we’re ready

Julie Fowler
Julie Fowler answered on May 2, 2020

Generally when a trailer owner wants to evict a tenant, even if the tenant was not charged rent, the owner has to go forward with formal notice and a formal eviction action through the courts.

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