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Nebraska Questions & Answers
1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: I won a small claims case for the return of my dog…I don’t want money…what now

What can I do now to get my dog back?? The judge said after the deadline he would have to pay me…

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

Small claims actions are generally for money judgments. If you want other relief, such as return of property (like a dog) instead of money, then you may need to file a different cause of action outside of small claims court. However, if you are took the case to trial and the judge awarded you... View More

1 Answer | Asked in Business Law for Nebraska on
Q: The business is 50/50. He’s getting a truck for personal/business he will be paying for out of his own pocket

He’s wanting to retain ownership but have it under his business name. What should he do? Thanks.

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

The Courts generally recognize how things are legally titled. You are generally asking for trouble if you want to legally place ownership under one party's name but have a side agreement that you don't really recognize how the property is legally titled. Vehicles come with liability.... View More

2 Answers | Asked in Divorce for Nebraska on
Q: What’s considered incompatible for a divorce? To what degree does mental illness come into play?

I think my wife wants to divorce me only because she wants to. We did try marriage counseling for a year but nothing improved. Working individually with him separately seems to work better. I’m unsure to what degree our marriage is legally irretrievably broken as I think if we could just talk... View More

Brad Marsicek
Brad Marsicek
answered on Dec 28, 2022

Nebraska is a no-fault divorce state. If your spouse is no longer willing to work on the marriage, your spouse will ultimately be able to obtain a divorce. Regardless of your the decision your spouse makes, you efforts to continue to seek help should continue. If you have a documented mental... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: My boyfriend was arrested for domestic assault. This is his first offense with this, but he has other felonies.

I don’t want to continue on with it and just leave it at that. I don’t want a protection order or anything if the sort. What can I do? He is currently in jail waiting to see a judge. Bond is too high.

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

You can contact the victim/witness department of the prosecutor's office or the other party's criminal defense attorney. However, if you change your statement, you can be charged with giving false statements to law enforcement or other charges. It is ultimately up to the prosecutor, not... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: If a large decorative rock was hit leaving the parking lot of a dealership, is the dealership liable?

Large decorative rock was hit leaving the parking lot of a dealership but the the dealership wasn't notified of the accident, rock could not be seen over the hood of the vehicle.

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

If you damage property of another with your vehicle, you can be liable for the damage. You would need to speak with an attorney about your case if some exception applies in your situation.

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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1 Answer | Asked in Gov & Administrative Law and Probate for Nebraska on
Q: So I’m not sure who to ask or what to do but I inherited a car from my dead mom. She did not have chance to get it titl

It titled - and the bill of sale is gone. How can I get the car in my name? Not sure who she bought it from

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

If this is a Douglas County matter, there is information provided online to assist with such transfers by the Douglas County Treasurer.

https://www.dctreasurer.org/motor-vehicles/titles/transfer-of-decedent-s-title

If the title owner of the vehicle is not clear, an action may need...
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1 Answer | Asked in Contracts for Nebraska on
Q: I sold my bar to a lady who paid half up front and I self financed 303K over 5 years for her. She has yet to pay on it.

She is 4 payments behind and has a variety of reasons why she won't pay so I got a lawyer to send a demand letter. She has not responded to this either. I was wondering what the possible outcomes are on this? I can file a breach of contract suit obviously but what are the usual outcomes on... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

The Court will generally enforce the terms of a written contract. However, the odds of your success in the action depend on a lot of factors, including the specific terms written. Also, keep in mind that even if you receive a monetary judgment against the other party, it is harder to actually... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a single 18-year-old rent and apartment in Nebraska?
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

You may want to review Nebraska statute Section 43-2101. It includes the following:

(a) Eighteen years of age or older and who is not a ward of the state may:

(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or...
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1 Answer | Asked in Divorce and Child Support for Nebraska on
Q: Is there a waiver to waive child support in nebraska if neither party wants it.
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

If neither parent wants to pay or receive child support and the child lives with a parent, the parents can ask for the child support order to be terminated. This is generally done through filing a motion and order to terminate child support or through a modification action, depending on the facts... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: My employer is letting me go when he said he would not do this if he didn't have work for me to do can he do this?

I had accepted a position with the company and that I would get paid for not working so they can submit me on a PMO Project as a Senior Business Analyst for child support projects...I was told yesterday by my director that this Friday would be my last day with the company because they don't... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

It depends. If you have an employment contract, you would need to review the terms of the agreement. Otherwise, Nebraska is generally an at-will employment state. You can generally be terminated for any or no reason, so long as not discriminatory. However, under the rights facts, there can be... View More

2 Answers | Asked in Family Law for Nebraska on
Q: My ex husband is asking for the address connected to my bank account in order to transfer funds for the spousal support.

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?

Julie Fowler
Julie Fowler
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...
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1 Answer | Asked in Immigration Law for Nebraska on
Q: I have filed I-130 form for my wife and it's approved and I have one year old child. what I have to do to bring my child

with my wife?

Monica E Rottermann
Monica E Rottermann
answered on Nov 29, 2022

You did not specify if you are a U.S. citizen or a lawful permanent resident (LPR). If you are a LPR then your child can be a derivative on the I-130 and you can inform NVC about your daughter’s birth to add her to the case so that she can also be issued an immigrant visa with your wife.... View More

2 Answers | Asked in Child Support for Nebraska on
Q: Can I get the interest on the back child support written off in Nebraska? The child support is caught up just interest.

He’s 23 now so no child support payments for 4 years

Brad Marsicek
Brad Marsicek
answered on Nov 26, 2022

Hello - Even if the child is 23, if you owe child support money or still owe interest from a past balance paid, any child support debt will continue to accrue interest until paid in full or a receipt is filed by the other parent. The only exception would be if a Court retroactively adjusts child... View More

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1 Answer | Asked in Car Accidents for Nebraska on
Q: My car was totaled but I had a purchase offer does the insurance need to honor the purchase offer

State is Nebraska

Tim Akpinar
Tim Akpinar
answered on Nov 6, 2022

A Nebraska attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney as to state-specific insurance practices, the short answer is that they do not usually have to, as protocol followed in most places nationwide. Insurance... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My husband and I ended our relationship and I have gotten my own place. Am I obligated to allow him to stay with me?

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

Julie Fowler
Julie Fowler
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

1 Answer | Asked in Criminal Law for Nebraska on
Q: I shouldn't take a plea deal if I am innocent correct

I bought a carfrom a lady we both counted the money and then proceeded to write up bill of sale and sign the title the next day cops came and took my car and said the lady said I gave her fake money they checked the money in my wallet and seen I had no fake money I had just recently sold some land... View More

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

You need to speak with your criminal defense attorney about your best options. If I have a client who states they are innocent, I prepare the case for trial and try to gather the evidence to prove the client is innocent. If the client ultimately decides to take a plea deal instead of going to... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I was incarcerated for 15 yrs now I owe over $50,000 in arrearages can this amount be forgiven?
Julie Fowler
Julie Fowler
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.

1 Answer | Asked in Construction Law, Consumer Law and Contracts for Nebraska on
Q: I am trying to find the class action law suit filed against a pool builder in Omaha, NE. Where would I find this info?

This would have been filed against Stanger Enterprise DBA Premier Pools which is now located in Valley, NE.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If you want to search for cases that have been filed against a specific party in Nebraska, you can search the Court cases by party name. You can do this online through the case files available on the Nebraska Judicial Branches website. If you want to look at case specific information beyond party... View More

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: I self filed for a complaint to Establishing Paternity, Custody, Parenting Time, and Child Support.

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.

Julie Fowler
Julie Fowler
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

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