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Nebraska Questions & Answers
1 Answer | Asked in DUI / DWI for Nebraska on
Q: I was convicted of 4 dui's back in 2012 and my driver license was revoked for 15years.its been 9yrs and I need interlock

I got my life back on track and I'm a single dad with 2 kids and getting an interlock system will help me get them to school nd get me to work.please help me obtain an interlock system

Julie Fowler
Julie Fowler
answered on May 12, 2021

You should retain an attorney if you'd like assistance in filing for a reprieve. If you'd like to first look into this further on your own, there is information and an application available on the DMV's website.

https://dmv.nebraska.gov/legal/reprieve-fifteen-year-license-revocation

1 Answer | Asked in Child Custody for Nebraska on
Q: Q: My daughter in Oahu is trying to get full custody of her 3 daughters and wants to move back to Nebraska.

She has been in Hawaii for 12 yrs and very seldom gets to come back home. She is in a battle for full custody so she and the girls can move back with family. but they are asking her to do the unreasonable. Such as secure a high paying job, secure a home, make sure the schools have a high rating,... View More

Julie Fowler
Julie Fowler
answered on May 12, 2021

If her case is in Hawaii, she would need to consult with an attorney in Hawaii for what you can do to help improve the odds of winning her case.

1 Answer | Asked in Consumer Law and Small Claims for Nebraska on
Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?

It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded... View More

Julie Fowler
Julie Fowler
answered on May 12, 2021

There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.

That being said, it is possible that an item produced in a...
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1 Answer | Asked in Uncategorized for Nebraska on
Q: My partner 15 years died his son has ordered me to vacate house send him titles to cars there is no will
Julie Fowler
Julie Fowler
answered on May 12, 2021

When a person dies without a will, the state's statutes apply to determine who is awarded the possessions of the deceased. Generally speaking the state's statutes state that the deceased's possessions go to specified family members. For example, this could be the deceased's... View More

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex wife who has legal custody of our daughter has left her with me and said she is done. How do I get child support
Julie Fowler
Julie Fowler
answered on May 12, 2021

If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex has currently gave me custody of our daughter but not legally how do I go about getting this changed?
Julie Fowler
Julie Fowler
answered on May 12, 2021

In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Nebraska on
Q: I went to an ER severe headache and pressure behind left eye. They treated me for sinusitis and discharged me. I advised

The treatment did not help and was crying because of the pain. They basically booted me out the door. (3-31-21) On 4-10-21 My 13yr old son had to call an ambulance for me as I could no longer recognize him or my daughter. I don't remember any of that. What the "sinusitis" turned... View More

Tim Bottaro
Tim Bottaro
answered on May 11, 2021

I'm sorry but I don't practice in this area of the law. A couple of Sioux City area attorneys who might be able to help you include Bob Tiefenthaler at 712/252/5080 in Sioux City and Bob Stahle at 402/494/3012. There are many more attorneys in the Omaha area which it appears is where you... View More

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1 Answer | Asked in Car Accidents for Nebraska on
Q: Can another persons insurance company say an accident was your fault ,if no tickets were issued no witness or camera

My daughter was driving my car no insurance , was in an accident , a car ran a red light and hit her , and now the insurance company said they did their own investigation and finds my daughter at fault can they do that

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 31, 2021

Yes, they can do that---but you do not have to accept the conclusion of the insurance company. You can make them take you to court and prove their case before a Judge. Likewise, if you are seeking money from the insurance company and they want to pay you nothing or less than what you believe you... View More

1 Answer | Asked in Car Accidents and Personal Injury for Nebraska on
Q: My minor son was in an auto accident with the other vehicle being at fault. Multiple injuries, how to proceed for sett

Other party has stated they were at fault according to police report. We now need to go forward to reach settlement for injuries sustained to our minor son. We have a claim # with other parties insurance. My son will not be able to do some things long-term he wanted to do. We have not paid any... View More

Justin Kahn
Justin Kahn
answered on Mar 19, 2021

You may want to contact an attorney in Nebraska that works in the personal injury field to help point you in the right direction. As a minor is involved, there may be special steps you need to take.

1 Answer | Asked in Child Custody for Nebraska on
Q: Can I ask for a court appointed attorney for a child custody case in Nebraska?
Julie Fowler
Julie Fowler
answered on Mar 15, 2021

You are not entitled to a court-appointed attorney to help you with a child custody case. Unless the action being brought against you involves the potential of jail time (such as to defend against a contempt action within the child custody case) or the removal of the children from your home by a... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: We would like to get custody of my husbands daughter but he has a misdemeanor drug charge 3 years ago Is it possible?

It’s a misdemeanor with a taken off felony. We take her to school , homework, grooming activities. She works nights and leaves her with 13 year old son that daughter doesn’t get along with.

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

A misdemeanor drug charge from 3 years ago doesn't automatically exclude someone from being successful in a custody action. It wouldn't be a fact in the person's favor, but the Court could still award custody if the overall facts support that it is in the child's best interests... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Does a party in a long term unmarried relationship with their name on a mortgage but not the deed have property rights?

Two parties in roughly 9+ year cohabitant unmarried relationship with child. Home was purchased while together using credit of both parties (both listed on the mortgage), but only one party was named on the deed. Both have contributed to the mortgage and up keep of the home. They are ending the... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

The Court generally looks to who is listed on the title of the deed to determine ownership of the home.

That being said, it is possible to receive compensation when the parties have an agreement and one party would be unjustly unriched by the Court not following the agreement and awarding...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: Do I have the first right of refusal to watch my child in Nebraska?

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... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

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... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: I live in Nebraska and as a result of losing my job am behind on child support. Can my ex withhold contact with my chils

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... View More

Julie Fowler
Julie Fowler
answered on Mar 10, 2021

The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.

Keep in mind, that the Court can also sanction you for not paying child support if the other party...
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1 Answer | Asked in Federal Crimes for Nebraska on
Q: If you get a lawyer and there is a retainer for 30k, how do you know how many hours they actually work ?

Also if there is money left over, can you get it back?

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

You should review the fee agreement with the attorney before signing the fee agreement and making the retainer payment. The fee agreement will have details as to how the attorney calculates/reports their hours and if any unused retainer will be returned to you. There are number of different fee... View More

1 Answer | Asked in Cannabis & Marijuana Law for Nebraska on
Q: Cop used a frisbee with a weed store logo on it as probable cause. I have a court date and got a misdemeanor

It was Nebraska heading out of Colorado the cop said he clocked me going 85 when I was going about 70

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

You should retain a criminal defense attorney that practices in the County that you were charged in. Depending on the overall facts of the case, a motion to suppress or similar motion may be appropriate.

1 Answer | Asked in Criminal Law, Insurance Bad Faith and Sexual Harassment for Nebraska on
Q: Can I get the school district to pay for outside counseling for my daughter, after being sexual harassed by a teacher?

The teacher is being investigated by the police, he has resigned and admitted to his wrongdoing. Charges have not been filed yet.

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

Maybe. Contact an attorney to assist with the case. This could potentially be a service offered or a term of a settlement agreement.

1 Answer | Asked in Child Custody for Nebraska on
Q: If I received a harrasment protection order, would that affect any online evidence in custody modification?

Have joint custody with ex having primary physical

Julie Fowler
Julie Fowler
answered on Mar 9, 2021

I'm not sure what you mean by online evidence. If there is an allegation or an order that someone is harassing others, this could be a factor a judge would take into consideration when determining custody or parenting time.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do I terminate guardianship given to my mother? Does temp guardianship terminate my rights?

My daughters were staying with my mom in Nebraska, while I was in the process of moving from Texas to another State. I was staying w/ a friend while finding a place to live & getting my youngest signed up for preschool. I signed for my mom to have temporary guardianship of my older daughter, so... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

If you are going to represent yourself at a contested guardianship hearing, you need to start spending a lot of time reading the rules, the statutes, and the case law to make yourself very familiar with both the procedural and the other rules involved. If any attorney quoted you $8,000 to handle... View More

1 Answer | Asked in Consumer Law for Nebraska on
Q: I bought a car, paid for with a cashiers check. I now have a clear title in Nebraska and have licensed it.

The dealer just contacted me and said they can't cash the check because they gave me the wrong name. What are the ramifications?

Thanks!

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

A court isn't likely to allow you to get a car for free from a dealership. You will likely need to work with the dealership and probably the bank to get this resolved.

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