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Nebraska Questions & Answers
1 Answer | Asked in Election Law for Nebraska on
Q: In Nebraska, can they keep an eviction on your record if you never received the summons to the court hearing?

I was given my 7 day notice, and started moving, but haven't been able to get everything out in time. They had the court date, but I never received anything telling me when court was, so they ruled in favor of my landlord. I was only going to go to try to keep the eviction off my record. They... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

If a court case was filed, it would be a matter of public record. Even if you were successful in defending against the eviction action, the case number and details would be public record.

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Can employers leave public feedback on their employees?
Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Potentially yes, but they open the company to possible liability for libel, slander, employment law issues, etc. I can't think of a good reason it would benefit a company to do so that wouldn't be outweighed by the potential liability that could come with it.

1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I am a legal adult, looking to have myself legally adopted by my Paternal grandparents who are deceased, can I do this?

My biological mother is alive, but psychologically abusive to me, my biological father I am aware of his whereabouts, or even who he is because she will not be honest with me about it. I am looking to have myself legally separated from her and that is what I hoped to accomplish by having myself... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Nebraska does allow adult adoptions. However, I have never heard of a deceased person being able to adopt.

1 Answer | Asked in Business Law for Nebraska on
Q: Do I have to do an independent audit if appendix k funds for covid put me over the $1, 500, 000 limit?

I own an llc providing services for the developmentally disabled through dhhs in Nebraska

T. Augustus Claus
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answered on Oct 19, 2023

In Nebraska, if your LLC received more than $1,500,000 in federal funds, such as the COVID-19 relief funds mentioned in Appendix K, you may be subject to additional reporting and auditing requirements. These requirements can vary based on the specific terms and conditions of the funding you... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

Julie Fowler
Julie Fowler
answered on Oct 10, 2023

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landlord demand my paystubs after two years when it was never required when I first moved in?
T. Augustus Claus
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answered on Oct 3, 2023

Generally, if the terms of your lease or rental agreement do not specifically require you to provide paystubs, the landlord cannot demand them after the fact. However, they might request them if you're renewing a lease or if there are concerns about your ability to pay rent. Always refer to... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Regarding grandparents rights. I live in California and the grandkids are in Nebraska. Where do I start?

Do I contact an attorney in California or Nebraska? And can I do this from California.? Also is it an expensive process? I just miss my granddaughters so I need help.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally the action is filed in the county where the children are residing, assuming that they live in the county that has jurisdiction over them (which is likely). You generally contact an attorney that is licensed where you want/need to file the court action. It is usually filed by filing a... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Is there such a thing as grandparents rights? My daughter moved from California to Nebraska and won’t let me talk to the

Grand kids and I am very close to the oldest because I practically raised her the first 6 years. We used to face time every night then it just stopped and my daughter won’t tell me why. It’s hurting me and I’m sure my grand daughter. Can I take her to court for visitation and phone contact?

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Yes, we do have a cause of action for grandparent visitation rights in Nebraska. One factor is the strength of the relationship between the child and grandparent. Thus, you don't want to go too long without consistent contact with the grandchild or the Court may become less likely to grant... View More

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Nebraska.Owned home got married sold home purchased new home with all the money I made on sale.New home has only my name

I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 30, 2023

You may be able to “trace” your premarital property into the new home you purchased to have the court separate it from the marital estate before dividing what is marital. You will need an experienced divorce lawyer to help you through that process. Best wishes!

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

1 Answer | Asked in Immigration Law for Nebraska on
Q: Can I apply for change of status if I get married on an ESTA

Hi. I came to the US on an ESTA visa to visit my boyfriend with the intent of staying for a month. I ended up rescheduling my flight ticket and staying longer. We are now only two weeks away from my 90-days being up and me having to leave to go back to Europe. We have decided to get married and I... View More

James L. Arrasmith
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answered on Sep 21, 2023

Entering the U.S. on an ESTA with the intent to marry and adjust status can be seen as visa fraud. It's crucial to follow the proper legal procedures and not overstay your ESTA. Consult with an immigration attorney to discuss your options and determine the best course of action, which may... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: In Nebraska: My 18 year old son is now away at college an ex is threatening me because our son no longer goes over there

My son is 18 going to college but in Nebraska you are not an adult until 19. My son no longer goes to see his father. My ex is threatening me that I’m in contempt because I’m not forcing our college student, living in dorms at 18, to go to his fathers. I don’t care about child support but... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Possible, yes. However, unless you have an unusual set of facts, it is generally very unlikely that a Judge will find a parent in contempt for denying parenting time when a child is 18 years old and living on his own in the dorms.

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

1 Answer | Asked in Admiralty / Maritime for Nebraska on
Q: Why does the judge not answer ? Jurisdiction couny CT is CL/Meritime Admiralty? only two that have pwr to

How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been... View More

James L. Arrasmith
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answered on Sep 11, 2023

It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge.... View More

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