Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: What kind of options might I have when my Employer is over paying me, but isn't fixing the issue causing it?

1 Answer | Asked in Employment Law for Nebraska on
Answered on Apr 14, 2018
Susan Chana Lask's answer
Since it's tax filing time this week, the first issue that hits me with your question is they will report the overpayments to the IRS, and it raises your tax liability.

You can write a check to the company for the overpayment amounts, but that will not resolve the fact that they are reporting more money paid to you to the IRS on your W-2s or 1099s-depending how they pay you. It also will not resolve the fact that they keep overpaying you.

You should make sure you send your...
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Q: How would I go about getting custody of my daughter that lives in another state?

1 Answer | Asked in Child Custody for Nebraska on
Answered on Mar 19, 2018
Vanessa Jean Gorden's answer
If your daughter has resided in Oklahoma for at least the past 6 months and there is no current custody order, you will need to file for custody in Oklahoma as that is the only state that has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. As such, you will need to talk to an OK attorney who knows the law and procedures there. If you cannot afford a lawyer, you may be able to qualify for Legal Aid or similar services in that state. You may also be able to do...
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Q: Scenario; tenant sues liable against landlord for injury, is property owner liable if tenant injured on property?

1 Answer | Asked in Landlord - Tenant for Nebraska on
Answered on Mar 14, 2018
Salim U. Shaikh's answer
If the matter is of negligence on the part of tenant then LL is not liable. However, where injury caused due to some defective construction work and is in knowledge of LL who agreed to look into it but does not accomplish task within a reasonably short time then LL is liable and can be sued.
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Q: My 17 year old daughter is pregnant. I want custody of baby or power of attorney. Is that possible? She will be 18 when

1 Answer | Asked in Family Law, Adoption and Child Custody for Nebraska on
Answered on Feb 13, 2018
Brendan Michael Kelly's answer
The child is not an adult until 19 in Nebraska. Power of attorney over the child that is not born is not allowed. You should contact social services and see about getting support for the medical delivery and the father will be required to pay for the medical share. The child once born should be turned over to you to raise at least until the mother is 19, or the father is given custody since he is an adult.
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Q: I moved in with fam,leasees relocated and landlord is sueing but I have no where to go, what can I do?

1 Answer | Asked in Landlord - Tenant for Nebraska on
Answered on Feb 13, 2018
Salim U. Shaikh's answer
What are ground of LL suit? Let notice be received by you and defend your position. Court hopefully cannot throw you out without any cause. Meantime find another house to live in.
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Q: My 16 yr old son backed into an unoccupied vehicle, then left without giving info. Does he need a lawyer for court?

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Nebraska on
Answered on Feb 11, 2018
Peter Munsing's answer
Yes. Find one who handles citations in that court. Make sure person was paid. Ask them for something showing they paid that your son can show the Court.
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Q: How long of a sentence minimum-maximum does 3rd degree assault mutual consent carry

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Feb 9, 2018
Brendan Michael Kelly's answer
It is a class one misdemeanor offense and carries 0 to 1 year in jail and/or a $1000.00 fine.
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Q: if a person comes into anothers house thinking no one home and gets bittin by the homeowners pitbull is the homeowner

1 Answer | Asked in Personal Injury for Nebraska on
Answered on Feb 9, 2018
Brendan Michael Kelly's answer
A person who enters into your home without permission is an intruder and liable for any damage or injury they cause or sustain. Only if they had permission would the home owner be liable.
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Q: can employer call doctor to verify the validity of dr. note? Mine did even though the note was valid

1 Answer | Asked in Employment Law for Nebraska on
Answered on Feb 2, 2018
Salim U. Shaikh's answer
Most employers get employees consent to verify such notes if they wanted. If your doctor's note was validated by the signatory, it added your reliability.
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Q: My wife got third degree domestic assault. Nebraska. Class a misdemeanor. No past history. How long will no contact be?

1 Answer | Asked in Domestic Violence for Nebraska on
Answered on Feb 1, 2018
Brendan Michael Kelly's answer
The no contact is until the case has been resolved unless the court allows the contact. My suggestion is that you have her lawyer remove the no-contact order or if your the alleged victim you speak to the prosecution and her lawyer about having it removed. A good criminal lawyer should be the person you consult with.
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Q: If someone changed their name legally and got married with their previous last name is the marriage legally binding?

1 Answer | Asked in Family Law for Nebraska on
Answered on Jan 29, 2018
Brendan Michael Kelly's answer
Not real sure of the question you are asking. If someone changed their name legally (from Smith to Jones) and got married under a now false name (Smith) the marriage would still be valid. The license would have to be changed to correct the name, assuming they did everything else to obtain a civil marriage license. If the former named party was married at the time, the new marriage would be subject to bring able to be annulled, should the new spouse seek to have the marriage voided. Hope that...
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Q: My car caught on fire whyll getting repaired at machanics shop his howl shop caught fire

1 Answer | Asked in Criminal Law and Consumer Law for Nebraska on
Answered on Jan 24, 2018
Brendan Michael Kelly's answer
You should try and sue in small claims and then try and collect on the judgment.
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Q: I have a court date on the 17th for a ticket can i get it pushed back a few days by asking to take it to juvenile court?

1 Answer | Asked in Juvenile Law and Traffic Tickets for Nebraska on
Answered on Jan 15, 2018
Brendan Michael Kelly's answer
While you may be able to the first court date is generally an advisement hearing. Best to get a lawyer and have them file a motion to have the matter moved to juvenile court.
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Q: Can my ex move out of state with our daughter without my consent?

1 Answer | Asked in Family Law for Nebraska on
Answered on Jan 15, 2018
Brendan Michael Kelly's answer
Yes, unless you have an existing court order she can move and take the child with her. I would suggest you contact a lawyer and get a order in place. If she moves with the child and no order, once you get jurisdiction in another state you will have to fight for your rights in the new state.
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Q: My sons mother has full custody was aloud to move out of state. Visits were set she denied all. Now moved back what

1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Answered on Jan 13, 2018
Salim U. Shaikh's answer
Seemed child custody was allowed in full to mother. Would bew inappropriate to discuss how did she manage? as you will throughout be in loop when decided. Now that order is in place and being applied.

At time of court proceedings,did you seek visitation of your children. If yes, then you must approach the respective Court to execute their order in light of her refusal.
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Q: I'm an international student in the US right now for 6 months, can I apply for asylum?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Jan 9, 2018
Hector E. Quiroga's answer
Yes. You should speak with an immigration attorney ASAP to provide specific details about your case to see if it is viable. You must file within one year of your last arrival.
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Q: I was an employee on FMLA then in the middle of it the company let me go. I was not let go for my quality of work.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Nebraska on
Answered on Jan 3, 2018
Salim U. Shaikh's answer
As claimed, you are advised to immediately consult Attorney of your local jurisdiction having expertise of Employment Laws for a specific advice and guidance.
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Q: Do I get my last arranged payment back, since I filed bankruptcy before last payment came out?

1 Answer | Asked in Bankruptcy for Nebraska on
Answered on Dec 19, 2017
Cristina M. Lipan's answer
They should send that back, call and ask them.

Information provided for informational purposes only and should not be taken as legal advice.
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Q: In Nebraska if I am 17 years old and my significant other is 16 years old is it illegal to have sexual contact?

1 Answer | Asked in Sexual Harassment and Criminal Law for Nebraska on
Answered on Nov 25, 2017
Salim U. Shaikh's answer
As per details, it seemed consensual but is illegal and will bear the criminal consequence thereof .
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Q: Can I file a motion to dismiss if the plaintiff's attorney did not file his cross complaint within the time allotted?

1 Answer | Asked in Family Law for Nebraska on
Answered on Nov 6, 2017
Salim U. Shaikh's answer
If Plaintiff does not file his cross complaint within time his right to defend can be struck off by the Court.
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