Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: Is it just that in a criminal case like domestic assault, spousal privilege “may not be claimed” but still could be?

2 Answers | Asked in Domestic Violence for Nebraska on
Answered on Apr 7, 2019
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 The idea of it as a defense in a criminal matter (domestic assault, sex trafficking, drugs) is really no longer valid.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.

Q: Looking at starting a freelance gig where I provide stock data (but not buy/sell advice). Do I need a license to do so?

1 Answer | Asked in Securities Law for Nebraska on
Answered on Apr 1, 2019
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.

Q: my children are grown now but their father rarely paid child support. I just found out that I may be able to get that

1 Answer | Asked in Child Support for Nebraska on
Answered on Apr 1, 2019
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,...

Q: I need to petition the court for modification of visitation. Stopping my son from having to visit his dad.

1 Answer | Asked in Family Law for Nebraska on
Answered on Mar 26, 2019
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.

Q: My 16 year old is dating a 19 year old.

1 Answer | Asked in Family Law for Nebraska on
Answered on Mar 25, 2019
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.

Q: My husband is in backwards child support for his adult children and pays weekly. Now the receiving party died.

1 Answer | Asked in Child Support for Nebraska on
Answered on Mar 23, 2019
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.

Q: what is the minimum sentencing for 2nd degree theft / receiving stolen property $5000 or more in Nebraska

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Mar 20, 2019
Brendan Michael Kelly's answer
As a class III felony your looking at 0-4 years imprisonment and up to a $25,000 fine or both. There is also a period of post-supervision.

Q: How do I go forward when judge has ordered it a civil case in regards to back alimony

3 Answers | Asked in Divorce for Nebraska on
Answered on Mar 16, 2019
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.

Q: Elderly father in Neb, lost wife to Leukemia in Dec. She has a ton of unpaid hospital bills. Is my father responsible?

1 Answer | Asked in Family Law for Nebraska on
Answered on Mar 5, 2019
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.

Q: Is Wal-mart's "Policy" of demanding receipts before exiting(without suspension) a violation of the 4th amendment?

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Nebraska on
Answered on Feb 28, 2019
Gary Kollin's answer
4 Fla. A & M U. L. Rev. 1 (2009)

Big-Box Bullies bust Benign Buyer Behavior: Wal-Mart, Get Your Hands Off My Receipt

This article should answer a lot of your questions although it is 10 years old.

you can find cases and articles at

scholar.google.com

I think it is available by going to the Florida A&M law review website

Q: Can court proceedings of a child support in arrears be heard in probate court

1 Answer | Asked in Child Support for Nebraska on
Answered on Feb 9, 2019
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.

Q: If I was married in 2018 but the divorce wasn't final till 2019 do you we file our taxes together or separately

1 Answer | Asked in Divorce for Nebraska on
Answered on Feb 1, 2019
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!

Q: I need help understanding language on a final order about tax deduction entitlement

1 Answer | Asked in Family Law for Nebraska on
Answered on Jan 29, 2019
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.

Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on
Answered on Jan 19, 2019
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...

Q: Can a judge in Nebraska give temporary custody of children with a case in Nebraska to their father in Iowa?

2 Answers | Asked in Child Custody for Nebraska on
Answered on Jan 10, 2019
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...

Q: Is it illegal to hit and run a dog in nebraska are u legally required to stop

1 Answer | Asked in Animal / Dog Law and Car Accidents for Nebraska on
Answered on Jan 9, 2019
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

Suggest you speak with a Nebraska attorney

Q: If i file for child support and father pays half of daycare expenses, does that come out of child support amount?

2 Answers | Asked in Child Support for Nebraska on
Answered on Jan 2, 2019
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!

Q: How much time do I have to file an answer to an Amended Dissolution of Marriage if I signed a voluntary appearance?

1 Answer | Asked in Family Law and Divorce for Nebraska on
Answered on Dec 27, 2018
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...

Q: I moved over here to the US over 3 years ago on the K1 visa and my husband wants to split up, what are my options

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Dec 23, 2018
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...

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