Get free answers to your Family Law legal questions from lawyers in your area.
My grandmother is in the beginning stages of dementia and she doesn’t know if she has a will or if she has power of attorney and she doesn’t know where any of her legal documents are at.
answered on Mar 8, 2024
If she wants you to be her attorney in fact, then get a NE attorney to draft a Durable POA for her to execute. She can even record the POA saying it revokes any other prior POAs out there. But you will be a fiduciary for her best interests, not your own.
answered on Feb 19, 2024
Filing a show cause/contempt action may be the way to go. This action is used to ask the Court to enforce the Order and to sanction the other party for not following the Court order. Whether this is the way to go or not depends on the specifics of your situation. Depending on what the issue is,... View More
answered on Feb 14, 2024
You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More
answered on Feb 22, 2024
If you're filing a joint tax return and your spouse has outstanding child support obligations but does not have any income for the year 2023, you may still want to consider filing an Injured Spouse Allocation form (Form 8379) with your tax return. This form is used to ensure that the portion... View More
Do I spend money to file? I assume if I we don't proceed I'd be responsible for unpaid medical.
answered on Feb 14, 2024
Yes, you are potentially responsible for your spouse's medical debt in Nebraska, especially if you are the guarantor of the party's health insurance. In Nebraska, a divorce is a process that includes a 60 day mandatory waiting period before you can finalize the divorce, even if both... View More
I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More
answered on Jan 2, 2024
It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More
After my husband passed away I found out he was still legally married to someone else
answered on Jan 2, 2024
If your husband (or presumed husband) is deceased at this time, then it doesn't matter whether you were legally married previously or not for purposes of marriage/re-marriage. You can move forward with getting a marriage license with your fiance since your prior (presumed) spouse is deceased.... View More
After my husband passed away I found out he was still legally married to someone else
answered on Dec 31, 2023
Discovering that your husband was still legally married to someone else at the time of your marriage raises significant legal questions about the validity of your marriage. In most jurisdictions, if a person is already married, any subsequent marriage is usually considered void from the start. This... View More
My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy
answered on Dec 23, 2023
In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal... View More
My child will be staying with her grandparents and she needs to be enrolled in school in another state. I have a parenting plan in place and need to get it modified. There school system needs a temporary guardianship signed by the court to enroll her in school.
answered on Dec 22, 2023
If this is just temporary and both parents are in agreement, then you can generally use the temporary delegation of parental powers form on the Nebraska Supreme Court's website. Both parents would normally need to complete the form. It would be up to the school whether this form would be... View More
Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.
answered on Dec 13, 2023
If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these... View More
I found court papers he filled out when he was in prison in Nebraska State. They called it "dissolution of marriage" which he wrote down that he didn't know how to contact me and tried my parents phone but no one ever answered. There is a notary signature on it. My question is how do... View More
answered on Dec 13, 2023
You can go on the State of Nebraska Judicial Branch website and search for court cases under your name and his name. If you have a divorce case in Nebraska, it should show as a court case in Nebraska under the parties' names. I believe there is a relatively small fee to search for... View More
answered on Nov 28, 2023
I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More
just happened saturday
answered on Nov 20, 2023
There isn't a specific time limit to file a contempt action. However, if you don't act on enforcing your rights, you may waive them after a period of time. There isn't a set time period and it depends on the specific facts of the case. Depending on your judge, the next available... View More
answered on Nov 19, 2023
A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.
If there is a dispute... View More
Does vacation have to be 15 days in a row? Can one parent take 15 days total on the others parenting time split over the year? Do the parents have to switch off if a holiday in the parenting agreement causes one parent to have the child over 15 days?
The statement says:
Vacation... View More
answered on Nov 19, 2023
For an answer how to read your specific decree, you need to speak with an attorney and read the decree and parenting plan together as a whole. Just reading one snippet and not knowing the background on your case could result in you interpretting something very different from how the Court might... View More
If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed
answered on Nov 14, 2023
The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More
A family member keeps falling for scams and has given almost all of his retirement money away to fraudsters. Can you become a conservator for someone who is constantly giving money away to fraudsters?
answered on Oct 12, 2024
You may want to get in contact with Adult Protective Services.
If the person is no longer legally competent, you can file an action for a guardianship or conservatorship to establish someone as their legal guardian or conservator.
Medical, financial… would be set up in advance. She’s wanting to move as well. What steps do I need to take to make this happen?
answered on Sep 29, 2024
Moving to Germany with your adult daughter under legal guardianship is possible, but there are several steps you need to follow. First, ensure that her legal guardianship documents are translated and recognized in Germany, as each country has different regulations regarding guardianship of adults.... View More
before our initial court hearing, DHHS had hair follicle testing done.
answered on Nov 28, 2023
If DHHS has taken custody of a child with grounds for emergency custody, then they can generally consent to drug testing of the child without the parent's approval. You would need to speak with an attorney directly to see what applies in your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.