Nebraska Questions & Answers by Practice Area

Nebraska Questions & Answers

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 Munsing's answer
you have hit personal property so you need to act accordingly. Nebraska seems to require you stop, identify yourself etc

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...

Q: Understanding a "order for hearing " regarding guardianship of a Minor child.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Answered on Dec 13, 2018
Julie Fowler's answer
Sometimes the Court enters an order to tell the parties of a hearing date that the parties are ordered to appear at. Sometimes these orders also state other court orders that the parties must follow. I'm not sure if that is what is happening in your case as you would have to know the facts of your specific case and what the order actually says.

Q: My ex is moving to Europe and wants to bring the dog that we co-parent. Can I stop him?

1 Answer | Asked in Family Law for Nebraska on
Answered on Dec 11, 2018
Julie Fowler's answer
Pets are technically personal property. That being said, you will at times see a court enter a custody type order regarding pets in a divorce. It is possible to bring an action regarding a pet before the court to try to stop the other party from taking away your personal property (in this case the dog).

Q: How long does a sposal visa take & what does it cost

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Nov 24, 2018
Ms Grace I Gardiner's answer
Recently it has been taking two to three months for a spousal visa if the spouse is in the USA otherwise it can take up to a year.

It also depends on whether waivers are needed

The cost depends on where your spouse is located and whether you need a cosponor or whether your spouse needs a waiver.

Please contact us directly for pricing information

Q: Who is financially responsible for injuring someone while delivering pizza, driver or employer?

1 Answer | Asked in Personal Injury, Car Accidents and Employment Law for Nebraska on
Answered on Nov 20, 2018
Brendan Michael Kelly's answer
You as the driver are responsible for the accident and the lawyer is likely to come after the pizza place to have them recover as well.

Q: Can my fiance move out of her parents house at 17 and live with me if we move out of state?

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Nebraska on
Answered on Nov 5, 2018
Brendan Michael Kelly's answer
No. She is considered a child until age 19 or her marriage.

Q: Is it illegal for a 17 year old to hit someone younger than them in self defense?

2 Answers | Asked in Criminal Law and Juvenile Law for Nebraska on
Answered on Nov 5, 2018
Julie Fowler's answer
Striking a child can be assault and/or child abuse. One affirmative defense to such charge can be self-defense, no matter the striker's age. The Court could take into consideration the actor and victim's age when deciding whether a crime occurred and whether there is an affirmative defense against being convicted of the crime.

Q: I wrote a story and a radio station wants to play it on the radio. Should I sign the release form giving them copyright?

2 Answers | Asked in Copyright and Intellectual Property for Nebraska on
Answered on Nov 2, 2018
Andrew Zulieve Esq's answer
I would have the release carefully reviewed by a copyright attorney. Depending on the language in the release, it is possible that you are assigning (giving up for all time) at least one and maybe all of your bundle of exclusive copyright interests. Since it appears that you do not want to do that, you might consider giving your director friend a non-exclusive license which, when terminated, would automatically terminate any copyright licensed by that agreement. Good luck with your efforts...

Q: N-400 denied because of failure to establish the residence requirement. Appeal?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Oct 31, 2018
Ms Grace I Gardiner's answer
Unless you have additional documents to prove otherwise it does not make sense appealing. He needed to be present in the USA for 18 months before applying. Every time he stayed out more than 180 days before returning you had to start counting towards the five year presence

Q: How do I have clerk take notice of Fed.R.Civ.P Rule 60 (a)?

2 Answers | Asked in Family Law and Divorce for Nebraska on
Answered on Oct 29, 2018
Vanessa Jean Gorden's answer
The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is appropriate and requested. You will want to consult with a local attorney regarding the status of your case. Please note that regardless of what you filed, if there is not an Order signed by a Judge or Appellate...

Q: I found out my name & my sibling name was added to parents home deed, we didn't sign anything. Should I worry?

1 Answer | Asked in Personal Injury and Real Estate Law for Nebraska on
Answered on Oct 28, 2018
Peter Munsing's answer
Depends how it's added. May be good or not. I think you need to consult an attorney for the way it should be that would be best.

If you and sib are tenants by the entireties with right of survivorship" it can be good but may have consequences. Speak to an attorney.

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