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Nebraska Questions & Answers

1 Answer | Asked in Child Support and Family Law for Nebraska on

Q: I am being charged with a class 4 felony for back child support and now am being charged for 4 charges rather than one

I have had 5 surgeries in the last 4 yrs and pending more and the back is due to the state due to filing of family members being the mother dropped the support odder

Julie Fowler answered on Aug 21, 2019

I'm not sure what your specific question is. If you are facing felony charges, you can be appointed a public defender if you can't afford an attorney.

1 Answer | Asked in Consumer Law and Business Law for Nebraska on

Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question but a hotel... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on

Q: How can I get the property the police listed as in "safekeeping" while I am still going to court on the charges.

The warrant was for drugs. The place of the search was a house, all outbuildings at the address, and vehicles under the control of my co-defendant. My name was not listed on the warrant and I was staying in a camper behind the house. When the police came I exited the camper and said they could not... Read more »

Julie Fowler answered on Aug 21, 2019

Evidence can generally be kept by law enforcement until the time of sentencing even if the property belongs to other than the defendant.

If a motion to suppress has already been heard and denied, then a subsequent motion to suppress regarding the same issue/evidence is more often a motion...
Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: I am 18 , my mom wants me to move to New Mexico with her from Omaha. I don’t want to

There is substance / drug abuse involved. I have a family in Omaha who is willing to take me in. My mother has no job and she is living with someone in Hobbs. The age of majority in Hobbs is 18. Meaning I can leave Hobbs if I want. Do I have to go to Hobbs or can I stay in Omaha? If I can stay in... Read more »

Julie Fowler answered on Aug 21, 2019

In Nebraska, a parent has both the authority and responsibility to choose where their child resides until the child is 19 years old. Generally the age of majority is governed by residence. If a child is residing in another state, then that age of residency applies. That being said, if there is a... Read more »

1 Answer | Asked in Divorce for Nebraska on

Q: What do I do if an ex didn't follow a divorce decree item?

I went through a divorce. It was in the settlement that my ex would take responsibility of the line of credit and credit card. My name was to be off within 120 days of divorce decree. I was told it was off. He quit/lost his job. He's not paying the bills and my name is still on there because my... Read more »

Julie Fowler answered on Aug 21, 2019

If a party does not follow a divorce decree, you can file a contempt action to ask for the court's assistance in enforcing the Decree.

1 Answer | Asked in Child Support for Nebraska on

Q: Is there legal recourse against DHHS for none payment of child support funds

I just received my pay history for my children's father's child support payments. And theres thousands of dollars that they have paid that I never received. I had AdC maybe 9 months total over the last 11 years and it's been paid back so I should be receiving the money. The us bank says they can't... Read more »

Julie Fowler answered on Aug 12, 2019

The Nebraska Child Support Payment Center keeps records of payouts to payees in their "payee ledger." I'm not sure how far back they go but I know they go back at least a number of years. This payee ledger shows what payments have been sent out to the payee over time, the amounts sent, the date... Read more »

1 Answer | Asked in Employment Law for Nebraska on

Q: Can my work penalize me for not having 40 percent of my guests not having their rerwards program

I work at buffalo wild wings, and was told I would be taken off the schedule if I didn't get 40 percent of my daily guests to have or sign up for their rewards program. Even though there is nothing in the handbook, code of conduct, or company policy stating I have too?

Julie Fowler answered on Aug 12, 2019

Companies are allowed to require workers to meet minimum performance requirements in order to meet their job duties and maintain employment. As long as these policies aren't implemented in a discriminatory manner or otherwise violate the law, they are generally allowed.

1 Answer | Asked in Gov & Administrative Law for Nebraska on

Q: Is there a grace period for vehicle registration after dealership transit sign has expired in Nebraska

I'm not sure which topic it falls under except state or government laws

Julie Fowler answered on Aug 12, 2019

In Nebraska, you have 30 days from the date of purchase to register your vehicle and pay sales tax. You need to have insurance on your vehicle before you drive off the dealership lot.

1 Answer | Asked in Child Support for Nebraska on

Q: If we were/still together can he still get stuck with child support because I had medicaid? He's paid/supported him

We did live together but had separate homes as well. I just couldn't afford to have the baby with no insurance. Father has paid for his insurance since 6months old, he's over a year now

Julie Fowler answered on Aug 12, 2019

If a child receives certain types of public assistance, such as Medicaid, it triggers the State to bring an action for the other parent to pay child support. Depending on the type of public assistance being received and to some extent the specific county you are in (and thus judge assigned in your... Read more »

1 Answer | Asked in Social Security for Nebraska on

Q: is there a court that issues court orders for a social security number change due to domestic volence

Julie Fowler answered on Aug 8, 2019

It is possible to apply for a new social security number. One ground to qualify may be if there is a situation of harassment, abuse or life endangerment. You need to complete an application with your local Social Security office and apply in person at your local Social Security office. The... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on

Q: I paid $600 deposit then changed my mind about the place, can i get my money back?

landlord told me the deposit is non refundable, I dont understand how or why.

Julie Fowler answered on Aug 8, 2019

The law generally holds people to the terms of their contract even if one party later changes their mind. If a deposit is non-refundable per the terms of the contract, the Court will generally enforce that provision and not require the return of the deposit.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on

Q: I was wrongfully charged with child abuse, and want to fight it please help.

Julie Fowler answered on Aug 8, 2019

What your best defense is depends on the facts of your case and what specifically you were charged with. Hire an attorney to assist you or request court-appointed counsel.

1 Answer | Asked in Civil Litigation for Nebraska on

Q: Can I write a demand letter on behalf of a company that has hired me?

Hypothetically, lets say I was hired by an online, virtual-goods company. I have experience in writing demand letters, typically cease-desists, or a request letter. The company that has hired me experiences what are called "Chargebacks", meaning they sell virtual goods (like a rank on a gaming... Read more »

Julie Fowler answered on Aug 8, 2019

While a company doesn't need an attorney to draft every correspondence that may lead to legal action, you are entering dangerous territory of unauthorized practice of the law if the company is asking you to draft "legal requests" and you are not an attorney. This is especially true if your job... Read more »

1 Answer | Asked in Agricultural Law and Landlord - Tenant for Nebraska on

Q: Farmer is threatening to rip out posts he installed on rented ground if we don't sell the ground to only him. Legal?

We paid for the fence that houses his livestock. And paid hour wages to install the fence. We also did not charge rent in the earlier years because our livestock ran with his. So he's been compensated for the posts but he still is threatening if we don't sell it to him then he will just rip out... Read more »

Julie Fowler answered on Aug 8, 2019

The landlord and tenant's duties to each other are defined under Nebraska law but are often more specifically defined in a written landlord-tenant agreement. What a tenant can do to install improvements or remove improvements on the property they are renting depends heavily on what this agreement... Read more »

1 Answer | Asked in Employment Law for Nebraska on

Q: If you work in a VEBA state, does your employer legally have to abide by the vacation policy that VEBA outlines?

If the company policy says my state carries over PTO, do they have to abide by the state law or can they follow their own HR policy? Even if it goes against what is written in their own policy???

Julie Fowler answered on Aug 8, 2019

If a company has a policy that is contrary to the law, the policy would likely be found as void or illegal and the law instead would apply.

1 Answer | Asked in Business Law for Nebraska on

Q: Have there been any cases regarding Neb. Rev. Stat. 60-1406.26?

How has the court applied the phrase "causes the sale of, or offers or attempts to sell new or used motor vehicles?"

Julie Fowler answered on Aug 8, 2019

Nebraska revised statute 60-1406 currently only has 13 subparts (Neb. Rev. Stat. Sect. 60-1406(13) is currently the last subpart. There may have been other sections up to 26 in a previous version of the statute.

In order to find cases that cite a particular statute, there are a number of...
Read more »

1 Answer | Asked in Business Formation for Nebraska on

Q: I want to start a vacation rental (AirBNB, VRBO) management company in Nebraska.

Basically I would just manage the listings and cleaning. Do I need a real estate brokers license or any other licenses for this?

Julie Fowler answered on Aug 8, 2019

What licenses you may need depends on the specific structure of your business. If you are only listing, renting and cleaning a couple of properties that you personally own, you may need need a broker license or similar license. If you are doing such with property owned by others, you may very... Read more »

1 Answer | Asked in Personal Injury and Small Claims for Nebraska on

Q: My two year old son fell 6 ft @ daycare and fractured his leg. Should the daycare be liable for the bills?

The daycare doesn't have a liability clause at all. The director said they were going to cover the costs of the bills and then today the owner said they were not taking of them.

Julie Fowler answered on Aug 8, 2019

A business is liable to a patron who falls on their property if the business was negligent. This is true whether or not the business has decided to carry liability insurance or not. Whether a business would be responsible for a person's bills for falling at their property depends on whether the... Read more »

2 Answers | Asked in Child Support for Nebraska on

Q: Do the courts in Nebraska only consider nights as days you have your child? I have him 2 nights but 3 days a week.

If that is the case the percentage of time I have him wouldn’t really be correct and I would have to pay more child support.

Julie Fowler answered on Jul 29, 2019

Per the Nebraska Child Support Guidelines, the Court looks at overnights when determining how many "days" a child is with each parent to determine whether to use the joint custody or sole custody calculation for child support purposes.

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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Municipal Law for Nebraska on

Q: Arrested for missing court and released on bail set without personal appearance. Is this challengable

Apparently being pro se and trying to rescedule court on further hearing activated a warrant and upon my arrest it was without my appearance a bond was set two days later but i wasnt notified in jail for 6 days. Originally out on own recognance, seems it was staged for cash bond

Julie Fowler answered on Jul 24, 2019

There isn't enough information to answer. It could be. It is common for a party to sign a paper with the next hearing date when released. Sometimes people don't even remember or really notice the hearing date when they sign this. This isn't mandatory and there are also other ways for a notice... Read more »

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