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Nebraska Questions & Answers
1 Answer | Asked in Car Accidents for Nebraska on
Q: Can another persons insurance company say an accident was your fault ,if no tickets were issued no witness or camera

My daughter was driving my car no insurance , was in an accident , a car ran a red light and hit her , and now the insurance company said they did their own investigation and finds my daughter at fault can they do that

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 31, 2021

Yes, they can do that---but you do not have to accept the conclusion of the insurance company. You can make them take you to court and prove their case before a Judge. Likewise, if you are seeking money from the insurance company and they want to pay you nothing or less than what you believe you... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Nebraska on
Q: My minor son was in an auto accident with the other vehicle being at fault. Multiple injuries, how to proceed for sett

Other party has stated they were at fault according to police report. We now need to go forward to reach settlement for injuries sustained to our minor son. We have a claim # with other parties insurance. My son will not be able to do some things long-term he wanted to do. We have not paid any... Read more »

Justin Kahn
Justin Kahn answered on Mar 19, 2021

You may want to contact an attorney in Nebraska that works in the personal injury field to help point you in the right direction. As a minor is involved, there may be special steps you need to take.

1 Answer | Asked in Child Custody for Nebraska on
Q: Can I ask for a court appointed attorney for a child custody case in Nebraska?
Julie Fowler
Julie Fowler answered on Mar 15, 2021

You are not entitled to a court-appointed attorney to help you with a child custody case. Unless the action being brought against you involves the potential of jail time (such as to defend against a contempt action within the child custody case) or the removal of the children from your home by a... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: We would like to get custody of my husbands daughter but he has a misdemeanor drug charge 3 years ago Is it possible?

It’s a misdemeanor with a taken off felony. We take her to school , homework, grooming activities. She works nights and leaves her with 13 year old son that daughter doesn’t get along with.

Julie Fowler
Julie Fowler answered on Mar 10, 2021

A misdemeanor drug charge from 3 years ago doesn't automatically exclude someone from being successful in a custody action. It wouldn't be a fact in the person's favor, but the Court could still award custody if the overall facts support that it is in the child's best interests... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Does a party in a long term unmarried relationship with their name on a mortgage but not the deed have property rights?

Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the... Read more »

Julie Fowler
Julie Fowler answered on Mar 10, 2021

The Court generally looks to who is listed on the title of the deed to determine ownership of the home.

That being said, it is possible to receive compensation when the parties have an agreement and one party would be unjustly unriched by the Court not following the agreement and awarding...
Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: Do I have the first right of refusal to watch my child in Nebraska?

My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... Read more »

Julie Fowler
Julie Fowler answered on Mar 10, 2021

The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: I live in Nebraska and as a result of losing my job am behind on child support. Can my ex withhold contact with my chils

I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... Read more »

Julie Fowler
Julie Fowler answered on Mar 10, 2021

The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.

Keep in mind, that the Court can also sanction you for not paying child support if the other party...
Read more »

1 Answer | Asked in Federal Crimes for Nebraska on
Q: If you get a lawyer and there is a retainer for 30k, how do you know how many hours they actually work ?

Also if there is money left over, can you get it back?

Julie Fowler
Julie Fowler answered on Mar 9, 2021

You should review the fee agreement with the attorney before signing the fee agreement and making the retainer payment. The fee agreement will have details as to how the attorney calculates/reports their hours and if any unused retainer will be returned to you. There are number of different fee... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Nebraska on
Q: Cop used a frisbee with a weed store logo on it as probable cause. I have a court date and got a misdemeanor

It was Nebraska heading out of Colorado the cop said he clocked me going 85 when I was going about 70

Julie Fowler
Julie Fowler answered on Mar 9, 2021

You should retain a criminal defense attorney that practices in the County that you were charged in. Depending on the overall facts of the case, a motion to suppress or similar motion may be appropriate.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Sexual Harassment for Nebraska on
Q: Can I get the school district to pay for outside counseling for my daughter, after being sexual harassed by a teacher?

The teacher is being investigated by the police, he has resigned and admitted to his wrongdoing. Charges have not been filed yet.

Julie Fowler
Julie Fowler answered on Mar 9, 2021

Maybe. Contact an attorney to assist with the case. This could potentially be a service offered or a term of a settlement agreement.

1 Answer | Asked in Child Custody for Nebraska on
Q: If I received a harrasment protection order, would that affect any online evidence in custody modification?

Have joint custody with ex having primary physical

Julie Fowler
Julie Fowler answered on Mar 9, 2021

I'm not sure what you mean by online evidence. If there is an allegation or an order that someone is harassing others, this could be a factor a judge would take into consideration when determining custody or parenting time.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do I terminate guardianship given to my mother? Does temp guardianship terminate my rights?

My daughters were staying with my mom in Nebraska, while I was in the process of moving from Texas to another State. I was staying w/ a friend while finding a place to live & getting my youngest signed up for preschool. I signed for my mom to have temporary guardianship of my older daughter, so... Read more »

Julie Fowler
Julie Fowler answered on Mar 2, 2021

If you are going to represent yourself at a contested guardianship hearing, you need to start spending a lot of time reading the rules, the statutes, and the case law to make yourself very familiar with both the procedural and the other rules involved. If any attorney quoted you $8,000 to handle... Read more »

1 Answer | Asked in Consumer Law for Nebraska on
Q: I bought a car, paid for with a cashiers check. I now have a clear title in Nebraska and have licensed it.

The dealer just contacted me and said they can't cash the check because they gave me the wrong name. What are the ramifications?

Thanks!

Julie Fowler
Julie Fowler answered on Mar 2, 2021

A court isn't likely to allow you to get a car for free from a dealership. You will likely need to work with the dealership and probably the bank to get this resolved.

1 Answer | Asked in Criminal Law for Nebraska on
Q: I recently completed a diversion program in the State of Kansas. Will this record show on a criminal background check?
Julie Fowler
Julie Fowler answered on Mar 2, 2021

At least in Nebraska, once diversion is completed, the charge is dismissed and the file sealed. Thus, generally the charge and the diversion completion won't show on a standard criminal background check.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How can we get emergency custody of 2 kids if we live out of state and parents are in divorce?

My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest... Read more »

Julie Fowler
Julie Fowler answered on Mar 2, 2021

If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: Hello,I was trying to get a copy of a child support order in 1990 from a Delaware County Pa from 1990? I’ve have been

getting no answers from DHHS or child support in many counties . The courthouse states it’s a “special request” and they will get back to me.Also stated no arrears if it was not modified before moving after a year? I now live in Ne. and received a letter from DHHS here in Ne. 2 years ago... Read more »

Julie Fowler
Julie Fowler answered on Mar 2, 2021

You would want to contact the Court or an attorney in the county that you are trying to obtain the records from.

I'm not sure what you mean by "special request." Here in Nebraska, you sometimes have to order the file and then wait a couple of days for older files to be...
Read more »

1 Answer | Asked in Tax Law for Nebraska on
Q: I want to give my child a car that I purchased. Will the child or myself have to pay sales tax on the transfer in NE?

The car is only a few months old. I purchased it new.

Julie Fowler
Julie Fowler answered on Feb 24, 2021

Your question doesn't say if your child is an adult or a minor.

Generally purchases/gifts from family members are not exempt from the normal rules. The DMV's website has information about the sale and taxes required to be paid....
Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Q: My kids were removed from my home 12/1/20 by CPS. I was assigned a free attorney. Should I get a paid attorney?

Is it worth my money (we are kinda poor, I'm disabled) to hire and pay for an attorney in lieu of using the free court appointed attorney? Asking because she's nice but not motivated at all, probably overworked. My caseworker has done ZERO since removing my kids. I thought I read Federal... Read more »

Julie Fowler
Julie Fowler answered on Feb 23, 2021

Majority of court-appointed attorneys are very good. They often handle a lot of cases so they know what the judges find persuasive. Some may have large caseloads and may struggle to give each file as much attention as they otherwise would like. Sometimes you do get better results with hiring a... Read more »

1 Answer | Asked in Uncategorized for Nebraska on
Q: Hi this is Najeebullah. My brother has boutique in Afghanistan and he sale some dresses on a person living in Virginia.

His name is Fareed Hamdard and his address is 3030 Quarter Creek Lane Henrico Virginia 23294 APT 27. and his mobile number is 8042921398. So he took a stock and did not pay while he says he will pay once he get his stock. Now he block us he is not responding to our messages. I want to know where... Read more »

Julie Fowler
Julie Fowler answered on Feb 23, 2021

There is way too much personal information for a general posting board like this. You should take your question down.

If you think someone in Virginia may have stole from you or your brother, you may want to contact the local law enforcement in Virginia to make a police report.

1 Answer | Asked in Trademark and Traffic Tickets for Nebraska on
Q: Expired Registration

If I got pulled over for expired registration & when I went to the courthouse to show proof of registration, they said that the cop never filed the ticket & that I didn’t have to do anything, not even show proof of registration. I didn’t have to go to my court date, will that still show... Read more »

Julie Fowler
Julie Fowler answered on Feb 23, 2021

Generally dismissed charges aren't going to show on any criminal history or background report. Exceptions to this may be very high level security clearances. Even then, they aren't generally looking for things like renewing your registration a little bit late.

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