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Nebraska Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Been separated from husband several years but not legally divorced. He recently married another woman...this legal?
Julie Fowler
Julie Fowler
answered on Jul 1, 2023

You can't legally marry in Nebraska if you are already married. The second marriage would be void.

It is possible that a person is divorced and not know it. For example, if a spouse can't find the other spouse to serve them with the divorce, the Court can allow a person to serve...
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1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Why did my daughters grandma get my back child support .

I raised my daughter from birth to 2 months before she turned 18. She moved in to her grandmas house (dads mom) and has paid rent and utilities the whole time. I called and terminated any further child support because she was supporting herself, but I just got a statement and all my back child... View More

Julie Fowler
Julie Fowler
answered on Jun 24, 2023

You would need to look at the child support order that ordered the child support. Who is listed as the payee to receive listed to receive child support in the court order? The person who is listed as the payee is the person that the Court has ordered child support paid to. If someone else is... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... View More

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... View More

2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More

Julie Fowler
Julie Fowler
answered on May 11, 2023

She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you... View More

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Hello, I finally got to the court date and now they say the complaint was not signed. Everything canceled what do I do.

I have no attorney, I done all they asked. I had a court date now I don't. Because they say the complaint wasn't signed. Not sure what they are talking about. Is there anything I can do to get the proceedings back on track to get this divorce over with. Thank you for your help

Julie Fowler
Julie Fowler
answered on May 9, 2023

There are certain court procedures that you must follow to complete your divorce. If the Court finds that the Complaint is not valid, you may be able to fix the complaint by filing an amended complaint.

If the complaint is not fixable, you may need to file the complaint again as a new...
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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What is the proper motion to file to ask for immediate return to home in a CPS involved case?

The kids are in an unsafe home & rather than admitting they did something wrong, CPS is digging their heel in & doubling down by ignoring obvious safety issues and hiding or just not showing the judge reports made against this home by neutral parties. What is the proper motion to file to... View More

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

There isn't a specific motion for this. What you file depends on the specific facts of the case, what specific evidence you have, and where you are at in the process. Sometimes the better course of action is to first share your evidence with CPS and the guardian ad litem to investigate... View More

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife has taken our children out of state (from NE to AZ). Is there anything I can legally do to stop her?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 17, 2023

Yes. If you file for dissolution and an ex parte motion for temporary custody, your spouse is very likely to be ordered to return the children to Nebraska as all 50 states have enacted some version of the UCCJEA. If you do nothing and six months passes, then the new state would likely be considered... View More

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: We are trying to find a pro bono lawyer in Lincoln. How do we look for one? Thanks for your help!!

My daughter is trying to find a pro bono lawyer in Lincoln or at least one that would be able to work with her financial situation. The father of the girls has moved out of State and is very unstable. She is worried that if she does not receive Full Custody and he happens to come back to Lincoln,... View More

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

If you file a custody action, the Court will set forth who has custody and what each parent's parenting time will be. This could include specifics as to whether the father gets to take the children out of state or not and how much time he has with the children.

There are a number of...
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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: how do i change custody

i need more explanation through the process and how to change custody

parent has no custody because of drug past and has changed and gotten better but she is still being held against for that reason

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

With a past record of drug use, it is important to hire an experienced family law attorney in or near the county where the court is located. From experience with the judge, they can best guide you as to what to expect in a suit seeking to regain custody.

It is important you know in advance...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Is a 16 year old able to speak on their own behalf at a custody modification hearing in Colorado ?

The last hearing was when the child was 10

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

I can't comment on how Colorado does things but in Nebraska, a child that is of suitable age and experience may be allowed to testify at trial. Generally 16 years old is old enough but it depends on the specific child and specifics of the case. Most cases settle without a trial so generally... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 20, 2023

That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How does a court hearing go for a child that was removed from my home due to something I said to CPS in an email?

I've asked the state to step in and help me multiple times last year to try and get my mentally ill child in a facility cause I'm frustrated with trying to deal with her psychological behaviors so last week was the last straw and I emailed the hotline and told them if they don't help... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

The Nebraska Supreme Court has put together a number of pamphlets that help explain the juvenile court system process. It includes what the first hearing will likely be like.

https://supremecourt.nebraska.gov/programs-services/court-improvement-project/information-youth-families

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: When a child turns of legal age, can they seek retroactive child support, even though no paternity has been established?

When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... View More

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: In Nebraska, if a child is 18 and moves out of his mother's home, can father's support go to kid instead of mom?

I know child support must be paid until age 19 in Nebraska, but why would the mother get the money if the child no longer lives there after age 18? Can it go directly to the 18 year old child instead?

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

It is actually not uncommon for a parent to still be ordered to pay child support even though the teenage child is no longer living with the custodial parent. The most common situation is when the teen is living in the dorms at the freshman year of college. So long as the custodial parent is... View More

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nebraska on
Q: Can my sons father legally evict me? He keeps threatening to. I have a daughter that lives with us too.

The house is in his name, but I’ve cleaned, maintained and furnished it since he bought it (3 years ago, (we’ve been together for 6) and also have stayed home to take care of our son his life this far. Partner pays the mortgage and some utilities, I pay for and take care of everything else. He... View More

Julie Fowler
Julie Fowler
answered on Dec 30, 2022

If you don't own the property, the landlord can evict you, even if your landlord is your significant other. If you are married, the rules apply differently as you generally have marital rights to the property even if you are not on the title. The landlord would need to follow the proper... View More

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: How many protection orders are you allowed to file in Nebraska

I would like to know How many times you can File for a protection Is order in Nebraska Is there a limit on how many you can file in a year

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

I don't believe there is a set limit. However, a Court can reprimand a person (such as awarding attorney fees) for filing frivilous actions, such as repeatedly filing new actions after losing a similar action.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: In Nebraska how long does an order for ex parte temporary custody last?

My sons mother has a temporary custody order for my son how longdoes that temporary order last in nebraska??

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

If it is an ex parte order, it generally only lasts until the hearing date that is generally set soon after the ex parte order is entered (usually within about 10 days).

If it is a temporary order in a protection order case, then it often states it lasts only a certain period of time, such...
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