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Nebraska Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: My boyfriends childrens mother filed for health benefits and he is now being ordered to test for paternity/child support

Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 7, 2022

Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... Read more »

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Julie Fowler
Julie Fowler answered on Jan 6, 2022

It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you...
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1 Answer | Asked in Child Support for Nebraska on
Q: My child support order was 7 years ago, 6 years ago we bought a house and moved in together. Can we close the case?

We live in nebraska and both agree on the matter. We live together, share the bills and raise the child together. We no longer want to have child support taken out of check and deposited into our account. how can we close the child support case?

Julie Fowler
Julie Fowler answered on Jan 6, 2022

It depends on whether the State or public assistance is involved in your children and your lives. If the State isn't a party to the case and there is no public assistance involved, you should be able to file a motion with the Court to terminate the child support and no one will likely object... Read more »

1 Answer | Asked in Legal Malpractice, Contracts and Estate Planning for Nebraska on
Q: Should the estate Atty (executor) provide a periodic accounting of legal costs to the beneficiaries? it’s been 9 months.

We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.

There should be an accounting of fees...
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1 Answer | Asked in Contracts and Landlord - Tenant for Nebraska on
Q: What fees and deposits are landlords allowed to charge for pets in Nebraska?

I’m trying to rent a new apartment in Nebraska. The listed rent price is $745/month. The deposit is $500 and they said they’d charge a $200 refundable pet deposit but now the lease agreement they sent me states they will charge $183 for the refundable pet deposit plus an additional $217... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Nebraska Legal Aid has a handbook that has some general information regarding landlord/tenant rules that you may want to review before speaking with an attorney about your specific information.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Babies father is refusing to pay child support and has now left the Country on vacation it's been 3 months with no pay

We settled on an amount because he was supposedly not working and I found out he is working for his brother and getting paid cash/under the table. He will not answer when I ask about the payments and has now left the Country on vacation. It's been a lot of lies about legal status and... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

If you want a party to be court-ordered to pay child support, you can file an action with the Court to establish a child support order. Once the child support is court-ordered, you can use the legal methods available to try to collect the child support. This includes wage garnishment, passport... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it illegal for an 18 year old who is a ward of the State of Nebraska to run away?

Is it illegal for someone who is 18 and a ward of the State of Nebraska to run away from their foster placement if they aren't on probation and have no criminal cases pending? Especially if they deciced to run to a different state? Could anything be done once they cross that boundary into... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

If a child is in foster care and runs away, the State generally has an obligation to make attempts to retrieve the child and then often has additional restrictions placed on the child so the child doesn't run away again. Encouraging or assisting a child to run away can be charged as a crime.

1 Answer | Asked in Employment Law for Nebraska on
Q: noncompete with franchisee, quit, want to work for same franchise but under a different franchisee. enforceable?

the noncompete basically just says : this franchisee, after cessation 1 year following within 25 miles no working for same industry for any other employer, and the basic other stuff in noncompetes, but it also has this clause

"Employee acknowledges that this agreement to not compete... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2022

You would need to sit down with an attorney and go through the specifics of your situation and the specific documents to see whether a specific non-compete clause is likely going to be enforced against you or not. Your question requires too specific an answer than can be given on a general... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Please expand on “ No Juridiction” recently my grand sons where taken into state custody.

And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.

Julie Fowler
Julie Fowler answered on Jan 6, 2022

A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case... Read more »

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: My car got pulled over for a headlight out. My boyfriend was driving and his license is suspended and I didn't know.

He got a ticket and court date. What happens to me?

Julie Fowler
Julie Fowler answered on Jan 6, 2022

Were you issued a citation? If you were issued a citation at the time of the encounter nor soon after, then likely nothing will be issued to you at a later time. Either way, you should get your headlight fixed before you drive it again. Depending on what citations were issued, you may need to... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: My bf was riding a peddle bike when 9 cops cars surrounding him 2 cops grabbed him arm and searched him

Was his 4th amendment right violated

Julie Fowler
Julie Fowler answered on Jan 6, 2022

There isn't enough facts here to determine whether there was a violation or not. Did he have an active warrant or very closely resemble a person who does? Did a serious crime occur nearby and he matched the description of the suspect fleeing? Even if it turns out that law enforcement got... Read more »

2 Answers | Asked in Child Custody and Child Support for Nebraska on
Q: Can child support be modified after a custody modification was signed 4 years ago?

In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 6, 2022

Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: Just finalized child support and divorce in April. Daughter is currently 17. I got a raise. What can my ex do to get ch

Child support raised in his favor? In Nebraska it's only reviewed every 3 years. I am more than willing to raise it for him.

Is there a cap on it? Thank you

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 26, 2021

Either parent is free to pay anything additional you would like. If you wish to raise it through the courts, that requires filing a Complaint to Modify and Voluntary Appearance and Stipulation and proposed Order to make a change that is permanent and enforceable. Generally the change needs to be... Read more »

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1 Answer | Asked in Immigration Law for Nebraska on
Q: Does the DMV check my address on SEVIS?

I go to the college in Nebraska as f-1 student. Although, I also live in Iowa where my family lives. I go there about twice a month and during the summer. I want to get license in Iowa but my SEVIS address is in Nebraska. I want to know does DMV allow me to apply for DL with the address that does... Read more »

Agnes Jury
Agnes Jury answered on Nov 26, 2021

This is a question for the DMV in Iowa. Best wishes!

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If neither parents have custody of a child, can 1 parent refuse further visits due to child being mistreated?

Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.

Julie Fowler
Julie Fowler answered on Nov 12, 2021

If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.

If the parents don't agree on how much time, if any, the child should spend with either...
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1 Answer | Asked in Family Law for Nebraska on
Q: What is the definition of a significant other in the state of nebraska?
Julie Fowler
Julie Fowler answered on Nov 12, 2021

I don't think there is an universal legal definition of significant other in Nebraska law. It is going to depend on the context and type of case.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Whose responsible for a collapsed sewer line discovered two days after moving in my newly purchased home?

My daughter just bought a house and moved in. Rite away the sewer started showing signs of problems. She had a camera ran thru the line and was told it was collapsed. She wasn't told anything about this during the purchase. It seems this had to be known issue that wasn't disclosed.... Read more »

James Polack
James Polack answered on Nov 11, 2021

If the Seller knew of the problem and failed to disclose, they can be found liable in court, pending proof, etc. Nebraska law provides attorney fees in some circumstances, and if the Buyer is sucessfull, and if the case is filed within a year of purchase or possesion, depending which was first.... Read more »

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Insurance Defense for Nebraska on
Q: With commercial auto insurance (both parties commercial vehicles) is loss of use covered?

Garbage man hit my equipment trailer that I use daily. I had no choice but to rent one and it’s been over a year and at faults insurance still has paid out a dime. It took them 8 mo to deem a total loss and now only wants to pay for 14 days of rental fees and no loss of use. I’ve spent nearly... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 30, 2021

A Nebraska attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the terms of the policy. Vehicle property damages are generally limited to parts/labor for repairs or market value for geographic region, with rental for a limited and... Read more »

1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I was adopted and im 18. My parents kicked me out and threw away all of my belongings. Can I take it to court?

I was adopted back in 2016 of the start of the year. I am 18 now and was kicked out of my home for “not doing what’s best for me” when I had job interviews scheduled they refused to take me. I have been asking them nicely for my belongings and I learned from my little sister who lives in that... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 19, 2021

The legal age of majority is 19 years old in Nebraska, not 18 years old, and legally your parents are still responsible for you. Start with the child abuse hotline and see if NDHHS can suggest some resources for you. There is likely not a lot of recourse for your personal property unless it was... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
Kevin E. Flynn answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... Read more »

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