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Nebraska Questions & Answers
1 Answer | Asked in Employment Law for Nebraska on
Q: I am an exotic dancer in Omaha, NE. The corporation I work for has been conflicting with our contractor agreement

I am uncertain with the legal standing of my contract based on the daily time demands (off premises, "off" work), mandatory "tipping" of nightly earnings and lack of independent control over time and conduct while on the job. These all directly conflict with the agreements made in the "Independent... Read more »

Julie Fowler
Julie Fowler answered on Sep 26, 2019

Not sure what your specific question is. Generally contract disputes are very fact-based scenarios, so you will likely need to go through the language in your contract with an attorney experienced with employment contracts to determine your best course of action.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my child’s counselor and lawyer deny me to see my child if it’s not signed off by a judge? If doctors also agree?
Julie Fowler
Julie Fowler answered on Sep 26, 2019

If a parent is being denied access to their child without a court order, it may be time to file an action or motion to ask for a court order allowing specific parenting time. Whether such will be granted or not depends on the specific facts of the case. You should contact an attorney to assist... Read more »

1 Answer | Asked in Uncategorized for Nebraska on
Q: Child endangerment?

My daughter knows a young man with a 3 yr old daughter, and he intends to get the child an ATV for Christmas. At first his selection was one that maxed out at 40MPH, and now one that will go 21mph. In my daughters observation the child is developing a little slow - at 3 yrs old she has an... Read more »

Julie Fowler
Julie Fowler answered on Sep 26, 2019

The Constitution protects freedoms including freedoms in parents raising their own children. Thus, it is legal and Constitutionally-protected for parents to allow their children to engage in activities that other people may not find safe enough for their own children. On the other hand, when an... Read more »

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I get over weight ticket in indiana porter county pine township my weight was 83600 but the shipper documents are n

Not the same with the load they load me and there is a court apointment the shipper papper say the weight is 40000 but it was over they lie am i still going to be fined if yes and how much? Thank you

Julie Fowler
Julie Fowler answered on Sep 26, 2019

You are posting under Nebraska. If the ticket was given in Indiana, Indiana laws apply. You may want to re-post your question under Indiana law and contact an attorney licensed to practice in Indiana.

1 Answer | Asked in Family Law for Nebraska on
Q: Interesting in finding out what options a 16 year old in Nebraska and if they can legally live somewhere else

Interested in finding out the options for a 16 year old in Nebraska who is living in an abusive household

Julie Fowler
Julie Fowler answered on Sep 26, 2019

If a child is being abused or neglected, every person has a legal duty to report the abuse or neglect to the child abuse hotline. The number is (800) 652-1999. If it is determined that a child is being abuse or neglect, it could result in removal of the child from the home, services provided to... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: If my husband son gets I trouble and gets tried as an adult and goes to prison does he still have to pay child support.

He had got in trouble in her care.. and is incarcerated and not in the home..

Julie Fowler
Julie Fowler answered on Sep 19, 2019

A person who is incarcerated can be ordered to pay child support. If an order for child support is being established and the person is incarcerated, the Court will likely order a very minimal order of child support, if any.

If a person is already ordered to pay child support and then...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: I filed a 180 writ while in Missouri doc for Nebraska it took them 18 months to get me. Shouldn't they have dismissed it

I pled guilty prior to being incarserated in Missouri and I filed the writ hoping to get sentence they said the writ didn't apply to me because I already pled guilty is this right I don't understand I thought the writ was to help u resolve ur cases

Julie Fowler
Julie Fowler answered on Sep 15, 2019

Since it sounds like your case is pending in Missouri, you may want to post your question under Missouri to get an answer to your question.

1 Answer | Asked in Animal / Dog Law for Nebraska on
Q: Someone called animal control on my dog saying he was barking and roaming out and not in my yard while I was at school

It would be impossible for my dog to lift up the handle of the gate then pull out the door, and come back to lift the handle again in order to lock the gate door

Julie Fowler
Julie Fowler answered on Sep 15, 2019

How to respond depends on what happened after animal control was called. If you received a citation, you may be able to fight it. If the allegation wasn't true and animal control didn't find anything wrong, then there may not be any further action needed.

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor

Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant... Read more »

Julie Fowler
Julie Fowler answered on Sep 15, 2019

Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet... Read more »

2 Answers | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on
Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have West's Nebraska Digest -- The entire set.... Read more »

Julie Fowler
Julie Fowler answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

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1 Answer | Asked in Family Law for Nebraska on
Q: Will a judge in Nebraska start a parenting plan for Parents been divorced 13years and sons 17, 15 don’t want to?

Been divorced 13 years andNow since child-support modification noncustodial parent filing for visitation for 1715-year-old boys I’m don’t want to be made to have to go every other weekend etc. and I’m not custodial parent is more than willing to give up his rights of Nusz vasa d now since... Read more »

Julie Fowler
Julie Fowler answered on Aug 27, 2019

Your question is a little unclear. It is possible for the parties to dismiss their custody action if the parties have decided to pursue an uncontested adoption action instead. It is generally the custodial parent and their spouse that files the adoption action. The biological parent that wants... Read more »

1 Answer | Asked in Domestic Violence for Nebraska on
Q: Does the county attorney or the defendants legal counsel file motion for plea bargain if someone is incarcerated?
Julie Fowler
Julie Fowler answered on Aug 27, 2019

If the parties reach an agreement as to a plea deal, then it is often (but not always) the defendant's counsel that files a motion for an entry of a plea. Even more common is for the plea to be entered at an already scheduled hearing such as at a pre-trial or at the trial without a separate motion... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My ex husband asked for a guardian ad litem. We had one when we got divorced.

She doesn't return my calls or emails, but she emails me with his concerns. I'm supposed to pay half of her fees. My daughters say she doesn't let them talk.

Julie Fowler
Julie Fowler answered on Aug 27, 2019

I'm not sure what your question is. Are you asking if there is a way to get a different guardian ad litem appointed? Generally, the court won't grant a party's request to change the guardian ad litem. Usually the person the court appoints is a person that the judge is familiar with as judges... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can my husband go pick his daughter up?

My stepdaughter was placed with someone she doesn't know by her mom who signed a temporary guardianship form. The guardian is willing to give her to us as there is no custody established but we want to be sure it's still legal for him to take her without court order.

Julie Fowler
Julie Fowler answered on Aug 26, 2019

If the father wants custody of his child, he should obtain a custody order. If the mother is trying to give placement to a third party, then the facts are likely favorable that father can obtain custody of the child. If there is already a custody order in place, he would need to file a custody... Read more »

2 Answers | Asked in Bankruptcy for Nebraska on
Q: I told my lawyer I didn't want to reaffirm my car loan. Is it too late to change my mind after the bankruptcy is final?
Timothy Denison
Timothy Denison answered on Aug 26, 2019

You can file a motion to reopen and reaffirm if the lender is in agreement.

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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
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
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
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
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
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.

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