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
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.
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.... View More
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
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
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)?
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
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.
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.
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... View More
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?
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
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
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
My sons mother has a temporary custody order for my son how longdoes that temporary order last in nebraska??
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... View More
He is abusive and I don't want him have my address. He is withholding the payment until I give him the information. I need that income to make my monthly bills. Can you tell me what my legal options are?
answered on Dec 7, 2022
You will need to look at the terms of your order. It would be unusual for your order to require you to provide such information to the other party in order to receive support.
If both child support and spousal support are owed, then the party can pay both through the Nebraska Child... View More
We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease
answered on Nov 3, 2022
It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... View More
answered on Nov 3, 2022
Yes. If the party that is owed the money wants to forgive the child support debt, the Court will generally allow it. If the party who is owed the money doesn't want to write it off, then your options are often limited and you may likely need to start making payments towards the debt.
Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.
answered on Nov 17, 2022
As Julie mentioned, you do not need an attorney to seek a temporary parenting plan in a normal divorce or paternity case. However, an attorney will have the expertise and experience to guide you through this process. Your posting makes it seem like there may be an existing court order, which... View More
Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.
answered on Nov 3, 2022
If it is an original action (not a modification of a prior order), then the Court will normally allow the parties to set the case for a temporary hearing. You are not required to have an attorney to assist you with a custody case. However, you are still held to the same court rules and procedures... View More
My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More
answered on Oct 26, 2022
Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... View More
My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More
answered on Nov 3, 2022
If your goal is to stop the child support, you probably don't need an emancipation action, but you will need a court order to terminate the child support order before the child turns 19 year old. If the other party is willing to work with you, you may be able to do this with a stipulated... 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.
My bank and mom said I wasn’t allowed to have the money I put into that account back.
answered on Nov 9, 2023
joint account holders have an equal interest in the funds in the account, regardless of who deposited the money. This means that you have a right to withdraw your money from the account, even if your mom doesn't want you to.
My biological mother is alive, but psychologically abusive to me, my biological father I am aware of his whereabouts, or even who he is because she will not be honest with me about it. I am looking to have myself legally separated from her and that is what I hoped to accomplish by having myself... View More
answered on Oct 27, 2023
Nebraska does allow adult adoptions. However, I have never heard of a deceased person being able to adopt.
Payments stopped when he purchased a house & I claimed bankruptcy. Per DHHS I should have received tax returns, partial covid pymnt. He owes over $100k. Both kids are now over 19. How do I know DHHS is doing anything (already asked a couple times) and what recourse do I have? He states he got... View More
answered on Jul 31, 2023
You can review the court file to see the dates of any orders of modification. You can access the child support case file info online (for a fee) through the Nebraska Supreme Court's eservices website:
https://supremecourt.nebraska.gov/e-services/case-information-eservices
You... View More
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.