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Nebraska Questions & Answers
1 Answer | Asked in Consumer Law for Nebraska on
Q: Can something found during an inventory of a car be used to charge someone

My husband was pulled over for no plates. The van was going to be impounded. The sheriff’s started going through van without consent from my husband. My husband told sheriff he didn’t have permission to search the van. The sheriff said it wasn’t a search it was an inventory. They found a... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

Law enforcement is required to inventory when a vehicle is impounded. Any inventory found that is evidence of a crime can generally be used as evidence of that crime. That being said, law enforcement can't just claim they may have to do an inventory in the future when really they are doing a... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: Why would a Complaint to Modify and a Stipulation to Modify have different statements for child support.

Stipulation says zero and Complaint says 10% increase in defendants child support obligation. My son is 18 and decided to live with his father in another state.

Julie Fowler
Julie Fowler answered on Aug 19, 2021

The Complaint just has to give the other party general notice as to what might be requested if the case goes to trial. The Stipulation is what the parties actually agree to. Thus, the Complaint and Stipulation often have very different language.

1 Answer | Asked in Insurance Bad Faith for Nebraska on
Q: Insurance company for the at fault party is refusing to pay for damages resulting in their insured being at fault.

My company’s utility trailer,that is essential to operate my business, was totaled by garbage truck. It was a hit and run. It’s been nearly a year and the at faults insurance is refusing to pay anything but a small fraction of the money my business is out. They refuse to show any paperwork for... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

If you were in a motor vehicle collision and the other insurance company is offering to pay less than the damages, then it may be time to retain an attorney and pursue legal action for the damages. The Court will generally order the party to pay reasonably related damages. The party not at fault... Read more »

1 Answer | Asked in Business Law for Nebraska on
Q: How can I recover loss of use for commercial equipment? The other party is liable as it was hit and run.
Julie Fowler
Julie Fowler answered on Aug 19, 2021

You can pursue the liable party, if they can be found. Another option may be to make a claim on your insurance. You would want to review your insurance policies to see what coverage may be available.

1 Answer | Asked in Consumer Law, Lemon Law and Civil Rights for Nebraska on
Q: got hired to repair deck, now he doesn't want to pay me. he keeps changing and hurrying me to finish. what are my rights
Julie Fowler
Julie Fowler answered on Aug 19, 2021

One option may be a construction lien. See the Nebraska Construction Lien Act, starting at Neb. Rev. Stat. Section 52-125.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If I get pulled over with a motorcycle learners permit, what are the consequences?
Julie Fowler
Julie Fowler answered on Aug 19, 2021

One consequence of driving alone with a learner's permit is to have the permit revoked and becoming ineligible for a further permit until the driver is 16 years old.

1 Answer | Asked in Family Law for Nebraska on
Q: Hello my mom got sick and they put her in a home now my sister won't let me se my mo w what should I do
Julie Fowler
Julie Fowler answered on Aug 19, 2021

Unless your mother is incapacitated, it is usually the patient's choice as to who they want to visit them.

1 Answer | Asked in Employment Law for Nebraska on
Q: Can an employer pack up your desk if you are out on FMLA
Kyle Anderson
Kyle Anderson answered on Aug 4, 2021

Hi, I don't see anything inherently wrong with this. However, the employer does have a duty to return you to the same or similar position when you return from FMLA. I would reach out to an employment law attorney in your state if you have any issues.

2 Answers | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 21, 2021

Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... Read more »

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1 Answer | Asked in Car Accidents for Nebraska on
Q: I’m nebraska if a garbage truck hits my businesses only trail(essential equipment) how do I recover loss of use?
Tim Akpinar
Tim Akpinar answered on Jul 5, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. You would need to initiate a property damage claim. It would be advisable to consult with a Nebraska attorney to identify any filing deadlines. If you're claiming loss of use, you could be requested to produce... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Child support case hasn't been reviewed in years. Could back pay be required?

My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: hi I was looking for advice on how to handle court and getting custody of 4 minor children back into my custody

they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Nebraska on
Q: Please help the state has temp custody of my 4 kids all based off of lies how do I prove myself immediately

the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: My bf and I had been arguing on the phone he threatened to take my apartment and kids from me so I called the police and

I called the police told them he hit me had the neighbor say she saw it but she didn’t give her name he has a warrant now he didn’t hit me thoufg

Julie Fowler
Julie Fowler answered on Jun 18, 2021

A person can be charged if they make a false report to law enforcement. Law enforcement is often skeptical if a person contacts law enforcement and says they are victim of domestic violence and then later recants the statement. It is a common fact pattern for a victim of domestic violence to... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: How can the law inforcement break in a residence without the homeowners being home an search in Nebraska?
Julie Fowler
Julie Fowler answered on Jun 18, 2021

Was there a search warrant? If so, then this was very likely lawful.

1 Answer | Asked in Estate Planning for Nebraska on
Q: My husband and I need a basic will set up. How much does this cost usually?
Julie Fowler
Julie Fowler answered on Jun 18, 2021

It depends on a lot of factors. Probably between $500 to $5,000 depending on what your assets and debts are and what you mean by "basic will."

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Arbitration / Mediation Law for Nebraska on
Q: How do I find a pro bono lawyer to represent me for my son's case in homicide
Julie Fowler
Julie Fowler answered on Jun 18, 2021

He is entitled to a pro bono attorney through the public defender's office. At the first hearing, the Court will ask him if he can afford an attorney. If he says no, the Court will appoint him an attorney pro bono from the public defender's office.

1 Answer | Asked in Car Accidents and Construction Law for Nebraska on
Q: Is it legal for construction companies to re-surface a gravel road and not place warning signs?

I was driving at around 40 mph to my girlfriend's house on a gravel road, and we came up a hill and there was a long row of gravel piled up in the middle of the road. This is a major arterial road, and there were no warning signs, so as a result, it destroyed my scrape guard underneath my car,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 15, 2021

A Nebraska attorney could advise best, but your post remains open for two weeks. In many places, it could depend on the road and the amount of traffic it gets. Good practices would have involved cordoning off the gravel and putting up signs, just as you mention, so that it wouldn't be a hazard... Read more »

1 Answer | Asked in Uncategorized for Nebraska on
Q: I found this computer I clean out houses we can have the stuff or keep it . This computer has a guy pulled over dancing

Dancing in front of a cop and it has a book that someone was writing on it and a car a burned orange color rodeo but it s got sandersons the writer and Peterson's name on it . And a girl teacher and her mom and dad making her do things to these immigrants. Wow what should I do

Julie Fowler
Julie Fowler answered on Jun 3, 2021

If you believe you found evidence of a crime, you may want to contact law enforcement and turn over the evidence.

1 Answer | Asked in Child Support for Nebraska on
Q: In Iowa is a divorce decree with end date of child support considered an existing case ? I need to end IWO

I need to know if I file a new case or continue as existing case .Thanks

Julie Fowler
Julie Fowler answered on Jun 3, 2021

You may need to re-post your question in Iowa. Your question is currently posted in Nebraska but only an attorney licensed in Iowa can answer a question regarding Iowa law.

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