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Nebraska Questions & Answers
1 Answer | Asked in Criminal Law for Nebraska on
Q: I recently completed a diversion program in the State of Kansas. Will this record show on a criminal background check?
Julie Fowler
Julie Fowler
answered on Mar 2, 2021

At least in Nebraska, once diversion is completed, the charge is dismissed and the file sealed. Thus, generally the charge and the diversion completion won't show on a standard criminal background check.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How can we get emergency custody of 2 kids if we live out of state and parents are in divorce?

My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier... View More

1 Answer | Asked in Child Support for Nebraska on
Q: Hello,I was trying to get a copy of a child support order in 1990 from a Delaware County Pa from 1990? I’ve have been

getting no answers from DHHS or child support in many counties . The courthouse states it’s a “special request” and they will get back to me.Also stated no arrears if it was not modified before moving after a year? I now live in Ne. and received a letter from DHHS here in Ne. 2 years ago... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2021

You would want to contact the Court or an attorney in the county that you are trying to obtain the records from.

I'm not sure what you mean by "special request." Here in Nebraska, you sometimes have to order the file and then wait a couple of days for older files to be...
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1 Answer | Asked in Tax Law for Nebraska on
Q: I want to give my child a car that I purchased. Will the child or myself have to pay sales tax on the transfer in NE?

The car is only a few months old. I purchased it new.

Julie Fowler
Julie Fowler
answered on Feb 24, 2021

Your question doesn't say if your child is an adult or a minor.

Generally purchases/gifts from family members are not exempt from the normal rules. The DMV's website has information about the sale and taxes required to be paid....
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Q: My kids were removed from my home 12/1/20 by CPS. I was assigned a free attorney. Should I get a paid attorney?

Is it worth my money (we are kinda poor, I'm disabled) to hire and pay for an attorney in lieu of using the free court appointed attorney? Asking because she's nice but not motivated at all, probably overworked. My caseworker has done ZERO since removing my kids. I thought I read Federal... View More

Julie Fowler
Julie Fowler
answered on Feb 23, 2021

Majority of court-appointed attorneys are very good. They often handle a lot of cases so they know what the judges find persuasive. Some may have large caseloads and may struggle to give each file as much attention as they otherwise would like. Sometimes you do get better results with hiring a... View More

1 Answer | Asked in Trademark and Traffic Tickets for Nebraska on
Q: Expired Registration

If I got pulled over for expired registration & when I went to the courthouse to show proof of registration, they said that the cop never filed the ticket & that I didn’t have to do anything, not even show proof of registration. I didn’t have to go to my court date, will that still show... View More

Julie Fowler
Julie Fowler
answered on Feb 23, 2021

Generally dismissed charges aren't going to show on any criminal history or background report. Exceptions to this may be very high level security clearances. Even then, they aren't generally looking for things like renewing your registration a little bit late.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: i am 16 and received a ticket for expired registration and a failure to appear can i go to jail for that?
Julie Fowler
Julie Fowler
answered on Feb 23, 2021

Possibly? Yes, but you generally wouldn't expect jail time with this charge. It depends on the facts of the case. You should seek assistance from local criminal defense counsel.

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I live in California. Daughter is graduating high school in CA end of May 2021 and then turns 18 2nd week of June.

We are relocating day after high school gradation in May. Child turns 18 middle of June. Child support ends 18 or graduation in CA whichever comes 1st. We are relocating day after graduation. Can I file in Nebraska right when we get there for another child support order since Nebraska child... View More

Julie Fowler
Julie Fowler
answered on Feb 23, 2021

When you register an out-of-state child support order in Nebraska, some rules from the original state still apply. This includes the "duration of the child support order." This means that the age of majority that automatically terminates child support from the original state still... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Must spouse sign title docs during refi of rental property if current title in one name only?

Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may... View More

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Nebraska on
Q: can you sue a company for malpractice, when it's linked to synthetic idenity theft, mail fraud linked to synthetic

victum of crimes, idenity theft, synthteic idenity theft, full reports of synthetic idenity theft, mix match combinations of several diff ccredit reports to make up fake identies, extreme misuse and abuse of my ssn, linked to another ssn, causing all this hvac, in 2018 i was a mother in need, this... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

I'm not sure I follow your question but the Federal Trade Commission has some suggested steps to take if you believe you are the victim of identity theft. This might be a good resource for you to start with.

https://www.identitytheft.gov/steps

1 Answer | Asked in Civil Litigation for Nebraska on
Q: Girlfriend at time is now taking me to small claims court for purchase of truck she told me I could get. What to do??

Purchased in June 2020 now we not together wants me to return truck in February 2021?

Now she suing me any advice?

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

It depends on more facts that what you state here.

1 Answer | Asked in Civil Litigation for Nebraska on
Q: How do I prove something was a gift in small claims court?
Julie Fowler
Julie Fowler
answered on Feb 17, 2021

It depends on your facts. Small claims court doesn't allow attorneys and the formal rule of evidence don't apply. Whatever documentation you have to support your statement could be useful to provide as evidence to the Court. If there isn't anything in writing or otherwise tangible... View More

1 Answer | Asked in Divorce for Nebraska on
Q: Colorado common law since 2007 now live in nebraska.How do I get divorvced and where?

Together since 2003. Common law,married since 2007. Have live in Nebraska now for 21/2 years . LOTS OF ABUSE HAVEMANY RECORDINGS TO PROVE IT BUT DIES IT EVEN MATTER .I NEVER WORKED BECAUSE HE WOULD NT LET ME .AM I ENTIGHTLED TO ANYTHING WE HAVE NOTHING EXCEPT THE MOTOR HOME WE LIVE IN AND A FEW... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

Nebraska doesn't recognize common law marriages. However, if you were married in another state under that state's common law marriage rules, Nebraska will recognize the marriage as valid under the full faith and credit clause. That being said, in some cases it is tricky to prove whether... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can DHHS revoke my custody based only on the filing of modification of custody alone before any judge signs or trial?

I was convicted of two misdemeanors and am currently a part of a voluntary, non court case with DHHS. They have implemented a family safety plan signed by all parties that my ex husband is not adhering to so I’m not seeing my kids. I was promised unsupervised visits by my DHHS caseworker but now... View More

Julie Fowler
Julie Fowler
answered on Feb 9, 2021

You may have rights under the Indian Child Welfare Act. If the safety plan through CPS isn't working or isn't being enforced, then you likely need to pursue a custody action and request a hearing date before the judge. You should retain counsel to assist you or will be at a strong... View More

1 Answer | Asked in Family Law for Nebraska on
Q: my stepdaughter is 17 does she have to go to her moms if she has a job her mom lives 45 miles away

the parenting plan was made when she was 7 yrs old, and states that her mom is to get her every tuesday and thursday but 6 years ago she moved 45 miles away and does not get her on those day's but does take her every other weekend and her holiday's. Her being 17 she has a job

and... View More

Julie Fowler
Julie Fowler
answered on Feb 9, 2021

Unless you reach an agreement with the other party, you are required to follow the court order. If a teenage child has only two weeks in the summer with an out-of-town parent, it would be common for the teenager to take off work for those two weeks to visit their other parent. If that... View More

2 Answers | Asked in Family Law for Nebraska on
Q: CPS is trying to get a hold of me and I'm not sure why do I need to return their phone calls
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Feb 9, 2021

If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit... View More

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2 Answers | Asked in Probate for Nebraska on
Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

Anthony M. Avery
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answered on Feb 5, 2021

You might move to be removed as Personal Representative. But all assets that have come into your possession would have to be transferred to the new, proposed PR. Federal Court probably has no jurisdiction in this matter, and if a Court wants a hearing, that is the Judge's discretion, not... View More

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1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: Can I use the word muggle in my company name? I’m selling chocolates
Julie Fowler
Julie Fowler
answered on Jan 25, 2021

If you hope to benefit off of the potential intellectual property of another, you may be opening the door to legal action. Whereas using the name "Southwest" when referring to a chocolate company might not give you an issue, referring to a new airline and using the term... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Original date of court order met, child support extended without notice due to age 19 law. Child lived on own, NCS want

Me to pay back child support from time of 18 to 19. Child has been living on their own and has been paying mom even when living for the three months of 18 and never reported the move. I was grandfathered in to new law and never knew I was still responsible for child support. I've sent money to... View More

Julie Fowler
Julie Fowler
answered on Jan 25, 2021

It isn't clear from your question if this is a Nebraska case. In Nebraska, child support is generally ordered until the child turns 19 years old. It is possible to file a motion to credit if you paid child support directly instead of paying through the Child Support Payment Center. It would... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: How and when can I go about challenging jurisdiction in custody case?

I believe the court did not have subject matter jurisdiction when making an initial temporary custody decision. My ex did not live in Arizona for 5 months. Never visited. Never went back until the day before he filed the petition for custody. So doesn't that mean it would not have had subject... View More

Julie Fowler
Julie Fowler
answered on Jan 25, 2021

In Nebraska, if there isn't already a custody order in place, then you generally need to file the custody action in whatever state the child has been residing the last 6 months. This state where the child has been residing at least the last 6 months is generally referred to as the "home... View More

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