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Nebraska Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: In court orders it says I am to be made aware of appointments and the kids names are to be changed. Amoung other thing

She has not done any of this and has me blocked from contacting her. How can I file a contempt of court

Julie Fowler
Julie Fowler answered on Mar 5, 2020

There are some forms available on the Nebraska Supreme Court's website under forms regarding show cause/contempt actions that will give you an idea of how these work.

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: Can I stop ex from taking kids out of state because his attorney didn't submit final custody order decree yet?

My ex has an attorney and I don't we had court February 26th and I gave my ex full custody of our kids until I'm off probation but we have joint legal custody however many issues were not discussed such as taking the kids out of state, holidays, etc. And we are already having issues with parenting... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 5, 2020

If out of state travel is not addressed in the Parenting Plan, generally either parent may take the children out of state for any period that does not overlap the other parent's parenting time. However, case law in Nebraska is clear that the custodial parent cannot permanently move the children... Read more »

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1 Answer | Asked in Employment Law for Nebraska on
Q: I cut hair and rent a station from a salon. On Saturday after my last client of the day, the owner of the salon said

that I would have to leave and not return. She gave me 10 minutes notice to vacate and gave me all my sales from the register for the day, but took out rent without my permission, and kept my client information (name, address, phone and email address). I was never late with rent. Can she legally... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 4, 2020

Did you sign a document regarding the rental when you first began renting there? Any sort of lease or rental agreement would be controlling here. Otherwise, it doesn't sound like there are any legal implications here. However, I would reach out to an employment law attorney in your state and... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Nebraska on
Q: My husband paid for upkeep on my house. Is he entitled to a share of potential value increase of the home?

My husband and I are divorcing after 6.5 years of marriage. I purchased my home 3 years prior to our marriage and he moved in with me. He has never made a payment for mortgage, insurance, or utilities. I have also paid for the majority of groceries and other household items. He has paid for... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If a home is purchased during the marriage, the equity in the home is generally divided between the spouses in a divorce (usually 50/50). Generally, it doesn't matter if the expenses related to the home were paid out of an account in just one party's name. The Court still generally considers the... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I'm paying child support on a child that i have no legal rights to?

My name is no where on any legal papers

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If it is a Nebraska child support order, then there must be a Nebraska court case that created the child support order. If you contact child support services, you can find out the Court Case number. The case number would also likely be on any invoice you receive for child support.

If...
Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do i get My child's social security number
Julie Fowler
Julie Fowler answered on Mar 3, 2020

A custodial parent can request a replacement social security card with social security.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My dad gets prescription medication from a friend when he runs out, but they're the same dosage and type.

My dad had been prescribed an opioid for a few years now. Recently, when he runs out, most of the time he gets some from a friend who is also prescribed it, instead of making a call and/or revisiting his doctor. I feel like it is something he should not be doing. What all can happen from this type... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Having or taking prescription medication that is prescribed to another can result in serious criminal charges. Depending on the medication and facts of the case, it can result in a felony charge and jail/prison time.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Nebraska on
Q: Husband won't put my name on the deed to house. I have been paying towards the mortgage since marriage. What can I do?

Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part is... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Nebraska on
Q: can they charge you inheritance tax if you never received the inheritance?

Court papers mailed to us saying we owe taxes on an inheritance. We never received an inheritance. We were told that once my husbands dad and uncle pass away then my husband would get what is left over, however when I call the courts it says that it was tax on an amount down to the penny. I called... Read more »

David Ostrove
David Ostrove answered on Feb 25, 2020

The tax is based on the fair market value of what the beneficiary receives, even though the actual receipt may be postponed. The lawyer will need more facts to answer.

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: can a closed South Dakota child support case be reopened in South Dakota when neither parents no longer reside in the st

The custodial parent closed the case in May 2017, left the state of SD at that time with no notification to the court of the relocation. The non-custodial parent was incarcerated at the time the order was initiated 2016 and was not released until 2017 and immediately paroled to Omaha, NE.... Read more »

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If it is a South Dakota case, the person inquiring needs to speak with an attorney licensed in South Dakota. If this was a Nebraska case, the party would likely be able to reopen enforcement of unpaid judgment established by a court order for child support.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landlord legally change the locks without an eviction notice? Can a landlord legally keep my belongings?
Julie Fowler
Julie Fowler answered on Feb 24, 2020

Legal Aid's Landlord Tenant Handbook may be a good place to start looking for info on this topic:

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Criminal Law for Nebraska on
Q: Faceing charges 28-1206 1D and 28-416 class 4 what kind of punishment will I get? Prison time and any outcome
Julie Fowler
Julie Fowler answered on Feb 24, 2020

A class ID felony has a mandatory minimum of three years and maximum of 50 years imprisonment. Depending on the facts of the case, the charges could be reduced or dismissed. If you have a criminal case pending, you need to speak with your criminal defense attorney or public defender for advice at... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is there another way to serve 1D felony prison sentence other than prison
Julie Fowler
Julie Fowler answered on Feb 24, 2020

Class ID felonies include a 3 year mandatory minimum prison sentence.

1 Answer | Asked in Personal Injury for Nebraska on
Q: In A Application to proceed in forma pauperis, Is social security benefits exempted from funds to be used in considering

the Motion?

Julie Fowler
Julie Fowler answered on Feb 24, 2020

No. Some people receive significant Social Security retirement or disability benefits that may be enough alone to not qualify as indigent depending on the overall facts of the case.

1 Answer | Asked in Personal Injury, Social Security and Civil Rights for Nebraska on
Q: In a applicaton to proceed in forma pauperis is funds received from social security exempt from used in reaching the dec

from reaching the decision in the Motion

Julie Fowler
Julie Fowler answered on Feb 24, 2020

No. Some people receive significant Social Security retirement or disability benefits that may be enough alone to not qualify as indigent depending on the overall facts of the case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My handgun was found during a raid. It wasnt used in any crimes. prosecutor wont release my gun. How do i get it back.

gun wasnt used for any crimes but the prosecutor wont answer phone calls, emails or requests from evidence techs to release the gun to me.

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If a handgun was used in the commission of a crime, it will generally be destroyed. If a hand gun is part of evidence, it can be returned by court order after the case has resolved. Like other evidence, it will generally be held until that time.

The Nebraska statutes state: Firearms...
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1 Answer | Asked in Criminal Law for Nebraska on
Q: What would a judge say if we were to go to court

My daughter of 15 has ran away 3 different times she doesn’t show up to school. She was also found with marijuana

Julie Fowler
Julie Fowler answered on Feb 24, 2020

It depends on the judge, the type of case, and overall facts. If a child is struggling, it may be time to get experts involved to help assist. This could include the school counselor, Boys Town, or many other potential services.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What criminal charges can be filed if a 19 year old goes to a party gets drunk and kills self and they dump his body
Julie Fowler
Julie Fowler answered on Feb 24, 2020

If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Wrongful Death and Criminal Law for Nebraska on
Q: In Nebraska if a person age 19 gets drunk at a party and accidentally shoots himself with a gun of an adult at party no

One calls 911 instead they dump his body what can they be charged with they provided gun and alcohol

Julie Fowler
Julie Fowler answered on Feb 24, 2020

What you are describing is an extremely serious matter. If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Criminal Law for Nebraska on
Q: A 19 year old at a party gets drunk and shoots himself with someone at party’s gun they dump his body burn their clothe

Scene what can they be charged with everyone was under 21 but one person the 21 year old brought the gun

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

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