It depends on the facts, but there is the potential of a marital interest in the real estate, even if the spouse is not on the title. Even if only one spouse is on the title of the deed, the spouse may not have the ability to pass a clear title if there is a marital interest in the property....Read more »
Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »
Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will...Read more »
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your...Read more »
My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... Read more »
The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The...Read more »
I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... Read more »
Together since 2003. Common law,married since 2007. Have live in Nebraska now for 21/2 years . LOTS OF ABUSE HAVEMANY RECORDINGS TO PROVE IT BUT DIES IT EVEN MATTER .I NEVER WORKED BECAUSE HE WOULD NT LET ME .AM I ENTIGHTLED TO ANYTHING WE HAVE NOTHING EXCEPT THE MOTOR HOME WE LIVE IN AND A FEW... Read more »
Nebraska doesn't recognize common law marriages. However, if you were married in another state under that state's common law marriage rules, Nebraska will recognize the marriage as valid under the full faith and credit clause. That being said, in some cases it is tricky to prove whether...Read more »
Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... Read more »
It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not...Read more »
If you are referring to the forms available on the Nebraska Supreme Court's website, I would recommend hiring an attorney to draft a Complaint to fit your specific situation. Those forms are serviceable in some situations but not most. That being said, if you are going to use those forms...Read more »
My husband is projecting that I could make $ 32,000 although I gave up my career to stay home with our 4 children for 16 years. So he is using that number, but refuses to use the current year for his wages.
The question is probably is it proper, not is it illegal. Even if you agree on the amount of child support, the numbers you use now could affect whether you would qualify for a child support modification in the future. If the Court finds your earning capacity is $32,000 now, it could be very...Read more »
State never bothered to see if Adoption was final before Divorce of Custodial parent and Adoptee. $50 A month From June 2011 - July 2020 = State owes me correct? I was in contempt three times and served over 6 months in jail two of the three times, the 1st time I payed over $2500 To be released,... Read more »
The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the...Read more »
Your question is too specific for a general posting board like this. What language makes sense in a case depends on the overall facts of the case. You would have to consult with your attorney directly.
She attends college and lives in the dorms from mid August to May. My ex was given the right to claim her on his taxes as a dependent every year. This year she lived in the dorm from Jan-March. My new husband and I moved her from college to her dad’s in March where she stayed until the beginning... Read more »
Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.
Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage...Read more »
My son pays for her apartment. Part of the agreement was she watches the baby during the day so my son can work. She often calls and says she can’t because she is sick I believe she’s out on tinder dates If I can prove she is not wanting to watch her own child so she can be out and about,... Read more »
Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.
Marital assets are divided between the spouses, often 50/50. Just because an asset is titled in one party's name, doesn't mean it isn't a marital asset. If there was property inherited by one party during the marriage and kept separate, it likely won't be considered marital....Read more »
There isn't generally an automatic increase in child support when the payor's older child emancipates. That being said, if a child support modification action was filed, the payor would generally no longer have that older child as credit for child support when recalculating support....Read more »
We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?
In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.
My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for... Read more »
If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally...Read more »
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