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2 Answers | Asked in Child Support for Nebraska on
Q: My ex husband owes thousands in back child support. Our children are grown and I do not need the back child support.

Can I terminate back child support owed to me? If so how in Nebraska?

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Dec 16, 2020

You can execute a receipt for the amount owed which will cancel it out of the enforcement system.

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How can I get guardianship over my 18 y/o cousin that lives with me and her mom wants nothing to do with her?

Also I just need to get the school stuff transferred to our name so she can get a bus to pick her up but her mom does not want to cooperate

Julie Fowler
Julie Fowler
answered on Dec 9, 2020

To obtain custody of a child when you are not the parent, you generally need to file a guardianship action with the county court. Generally the Court is not going to grant a non-parent custody unless it is shown that the parents are legally unfit to care for their child. This is a very high... View More

2 Answers | Asked in Child Support for Nebraska on
Q: I currently live in PA but I am making a move to Nebraska for schooling. Im so confused on how to get benefits in here.

I'm making a move to Nebraska from PA for college. I get medical assistance for my son and thats it. My sons father is not involved at all and I don't get child support either I never did. Now I had someone tell me the only way I can get daycare and medical assistance is if I am getting... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 8, 2020

Every parent has a legal duty to support their child; it cannot be eliminated simply by not being part of child’s life. As far as I am aware, every state requires a person seeking public benefits and assistance to also attempt to obtain child support from other parent. In this case state funded... View More

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2 Answers | Asked in Social Security for Nebraska on
Q: Does Social Security Disability pay for an assisted living facility or a nursing home?

Eighty year old mother has been newly diagnosed with muscular distrophy. She is currently collecting social security in retirement (worked until age 75). Is she eligible for Social Security Disability and, if so, does Social Security Disability pay for an assisted living facility or a nursing... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 8, 2020

Social Security Disability (SSD) gets replaced by normal social security at retirement around age 65. So your mother will not qualify for SSD.

Your mother likely qualifies for Medicare. If so, they will pay some or all of the costs of assisted living.

Talk to your state benefits...
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1 Answer | Asked in Criminal Law for Nebraska on
Q: Do you have 3 days to surrender yourself if fail to appear in court before being charged with this.Nebraska

My brother was out on bond on a felony charge, and forgot to appear in court. He has never done this before. Court was at 930 am. He was arrested at 2:00 pm for failure to appear. I read ne rev statute 29-908, and it says you have 3 days to surrender yourself before being charged. Would that apply... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2020

You can be arrested for a failure to appear warrant even if you missed a court date less than 3 days ago.

1 Answer | Asked in Child Support for Nebraska on
Q: How do I avoid getting child support from my baby's father in Nebraska (PLEASE PLEASE HELP)

My baby's father is already $12k backed in child support from his first kid. I have thought it through a million times and I am 100% sure that receiving child support for our baby wouldn't be beneficial. I want the baby to still have his last name so I can't just not have him sign... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2020

If you aren't receiving public assistance, you should be able to ask the child support office to close the case. If you are receiving public assistance and the father is in the same house, you should be able to ask the child support office to close the case as long as the father is also... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: without loosing his job, my ex managed to get notification to child support that he was no longer employed.

Some how my ex was able to send some kind of falsified notice to child support stating that he's no longer employed by the company he is still and has been working for for 3 yrs. How can this happen and why won't child support enforcement tell me how they were notified? What recourse do I have?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Child Support Office is limited in what information they can provide to the custodial parent. You can send an income withholding to an employer on your own. You are not required to have child support send the income withholding. It is not uncommon for family law attorneys to do so. You... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: Can cps keep my kids away from me? I haven't seen my kids in 4 weeks since they took them!
Julie Fowler
Julie Fowler
answered on Dec 1, 2020

CPS generally has to offer reasonable efforts at reunification and to preserve the family. In some situations, there is a determination that no contact is in the children's best interests (this is relatively rare). If you children have been removed by CPS, you should hire an attorney or... View More

1 Answer | Asked in Consumer Law and Collections for Nebraska on
Q: Debt collection agency has sent us a notice about a bill we believe is invalid. What can they do if we don't pay?

We've responded by mail, said the debt is invalid, provided more information. What are our rights if they ignore/don't accept what we've sent? Can they sue, put a lien on our house, what?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Nebraska Attorney General's Website has some good information that might be a good place for you to start.

https://protectthegoodlife.nebraska.gov/debt-collection

2 Answers | Asked in Adoption, Child Custody and Child Support for Nebraska on
Q: How can my partner get partial custody or temporary guardianship of my child from previous relationship?

Also will it affect the child support pending?

However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

It depends on a lot of factors. A parent's rights are superior to those of a non-parent. The Court can grant a non-parent custody or visitation rights in limited circumstances. These are generally through a guardianship action when a parent is unfit or a request for in loco parentis... View More

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1 Answer | Asked in Child Custody for Nebraska on
Q: How can I file online for emergency temporary custody of my daughter in nebraska?

Basically the father has pretrial on November 2nd and has pending charges for failure to register and I want to file for emergency temporary custody of my daughter

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

As far as I know, there are no forms for this. You would need to file a custody or modification action and then file the motion for emergency custody within the action. You would either need to do quite a bit of research to determine how to draft this on your own or retain an attorney to assist... View More

1 Answer | Asked in Family Law for Nebraska on
Q: My child’s father has known about child since day one but refused to be in their life. Can they come back after 4 years?

They knew about the child from day one but didn’t want to step up! Now after 4 years they decided they are ready to be in said child’s life! No child support or Paternity test was done. Could they have any rights to said child?

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

The statute of limitations to establish paternity is 4 years old for a private party but 18 years old for the State. Once the state brings a paternity action, then the father can ask for custody and parenting time. Thus, there are many cases where a father is granted parenting time (and sometimes... View More

1 Answer | Asked in Medical Malpractice for Nebraska on
Q: I have been in the ER twice for the same issue. Sent home. 3rd time became medical emergency. Medical negligence?

I was told the issue would resolve on it's own. Diagnostic tools used were not the best for the issue.

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

Medical malpractice cases generally examine whether the medical practitioners met the standard of care or not. Even if they did not, you would still have to have some type of quantifiable damages due to not meeting the standard of care to make it make sense to file a court action. If you have... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord is trying to force me to sign a very sketchy rental agreement. She also enters my home without notice.
Julie Fowler
Julie Fowler
answered on Nov 22, 2020

A good place to start with is the Landlord-Tenant Handbook by Legal Aid.

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

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord is trying to force me to sign a very sketchy rental agreement. She also enters my home without notice.

Who do I turn to when landlord is making many many threats to raise rent if she has to hire anyone to fix her property if I won’t be her personal handyman. she comes into the property without notice often, says if i don’t sign her non legal agreement she will kick us out.

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

A good resource to start with is the Landlord-Tenant Handbook created by Legal Aid of Nebraska.

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

1 Answer | Asked in Family Law and Health Care Law for Nebraska on
Q: Who has authority over dying father adopted eldest or biological
Julie Fowler
Julie Fowler
answered on Nov 22, 2020

As long as the person is competent, they get to make their own decisions. If the person becomes incompetent, then the person set forth in their power of attorney would get to make legal decisions for them. If these documents aren't in place, then the person who wants to become the legal... View More

1 Answer | Asked in Family Law for Nebraska on
Q: How can I gain rights to my step daughter?

My husbands ex wife is involved with cps in Texas and had her other child removed from her home for meth use and neglect. My husband has residential custody of the child they had together in Nebraska where we currently live. I have been in her life for 4 years and legally married to her dad for... View More

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

The best protection would be to become the child's legal mother by adopting her through a step-parent adoption action. You would need to have the biological mother's parental rights terminated, which is a very high bar and would require a contested court action if the biological mother... View More

2 Answers | Asked in Bankruptcy for Nebraska on
Q: My ex husband filed chapter 7 bankruptcy. What happens to our mutual debt with both of our names on it?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 16, 2020

His obligation to repay that debt is/will be discharged. Your joint obligation to repay will not be discharged, so you're still on the hook for the whole debt.

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1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can I get a ticket for driving if they made contact while I was walking and didn’t have car keys
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Yes, but you may have grounds to have the charge dismissed. Retain a criminal defense attorney.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can police ticket me for driving if they made contact while I was walking and didn’t have car keys on me
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Can they ticket you? Yes. Will you be successful in having the charge dismissed? Maybe. Retain a criminal defense attorney to assist you.

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