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Nebraska Questions & Answers
3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Nebraska on
Q: Is my ex responsible for the first $480 of medical expenses based on a non-modified agreement?

I was divorced in 2017, and my ex got primary custody of the kids. He took me back to court for more child support and to claim both kids on taxes in 2021. During this agreement, we agreed that he would pay for the first $480 of non-covered medical expenses and then we would both pay 50/50 after... View More

Julie Fowler
Julie Fowler
answered on Apr 14, 2025

When the Court looks at enforcing the terms of a court order, the Court looks at the actual language of the Court order. While it is the standard for the custodial parent to pay the first $480 (now $250) in unreimbursed health/medical expenses, not all orders have that language. For example, many... View More

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2 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Nebraska on
Q: Roommate demands more money than agreed after move-out?

I'm dealing with a roommate situation where I wasn't listed on the lease. I lived in the house from late January to April 2025 but left physically on March 18. Although I provided a 60-day notice of departure, my roommates are now demanding more money than initially agreed. We agreed on... View More

Julie Fowler
Julie Fowler
answered on Apr 12, 2025

I don't know enough about the specifics of your situation to give you specific advise. However, in general, when you agree that you owe the other party due to an agreement, it often makes sense to pay the amount that you agree that you owe. Then it is up to the other party to see if they... View More

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2 Answers | Asked in Child Custody, Child Support, Family Law and Adoption for Nebraska on
Q: Can refusing my ex's visitation request lead to contempt of court given years of non-contact?

I have a custody order from Nebraska that gives my ex 4 weeks in the summer, 4 days for holidays, and allows FaceTime every day. They haven't seen my child in 4 years or spoken to them in 2. Initially, I was granted a relocation order to move out of state, but I am returning soon. I have sole... View More

Julie Fowler
Julie Fowler
answered on Apr 11, 2025

If you are not following the terms of the Court order, then it is possible that the other party will file a contempt and that the Court will find you in contempt.

However, even if the party files for contempt, the party requesting the contempt finding has to show that you are in willful...
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2 Answers | Asked in Criminal Law for Nebraska on
Q: Can a felon legally possess and transport throwing knives in Nebraska for sporting purposes?

In Nebraska, is it legal for a convicted felon to possess and transport throwing knives for sporting purposes? Specifically, I assembled a standing target with a friend and practiced throwing knives, transporting them stored in a box on the floor of my truck with the target in the truck bed.... View More

Julie Fowler
Julie Fowler
answered on Apr 5, 2025

There is an argument either way on this one.

The statute has exceptions for things like archery equipment for lawful purposes and hunting/fishing equipment when used for those purposes and the person has the appropriate Nebraska permit for hunting/fishing consistent with the equipment....
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2 Answers | Asked in Employment Law and Civil Litigation for Nebraska on
Q: How to address unpaid wages and toxic work environment issues?

I experienced a challenging work situation involving a supervisor who raised her voice, used inappropriate language, and made unfounded accusations, alongside a colleague's unsafe food-handling practices. This has created a toxic environment, impacted my finances due to lost wages, and left me... View More

Julie Fowler
Julie Fowler
answered on Apr 5, 2025

The Nebraska Wage Payment and Collection Act, starting at Nebraska Revised Statute Section 48-1228 is one way for employees to collect wages that they have a legally earned but have not been paid timely. You can find the language of the statute and some cases that have cited it on the Nebraska... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: How can I change custody to live with my father?

I am 16 and currently living with my mother who has custody of me. My father, who pays child support, is willing and able to have me live with him. I feel more respected by my father and want to live with him because my mother often calls me names and body shames me, which affects my self-esteem.... View More

Julie Fowler
Julie Fowler
answered on Apr 5, 2025

If the parents are in agreement regarding changing custody of their child, then they can stipulate to the legal paperwork to change the custody and the child support. If they are in agreement, the process is relatively easy and is just a matter of completing the appropriate paperwork and filing it... View More

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2 Answers | Asked in Family Law and Military Law for Nebraska on
Q: How to stop military retirement pay after ex-spouse's death if daughter withholds death certificate?

I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More

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1 Answer | Asked in Public Benefits and Criminal Law for Nebraska on
Q: How can we obtain Medicaid and assistance in Nebraska despite a criminal record?

My brother, Darrin Healey, who suffers from congestive heart failure and stage 2 kidney disease, is struggling to get Medicaid, food stamps, or any assistance from the state due to his criminal record. He had high blood pressure and couldn't afford the medication, and we received no help from... View More

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

Unlike many western nations, there is no right to universal health care in the United States. You don't have a right to basic health care in the US. Besides emergency life-saving services, if you can't afford health care or necessary medications, you don't have right to those... View More

2 Answers | Asked in Domestic Violence for Nebraska on
Q: What if accuser doesn't show for ex parte DV order trial in Nebraska?

I have an ex parte domestic violence protection order, and a violation was filed. We are waiting for the trial, and there are no prior incidents except a couple of phone calls without charges. What happens if the accuser does not show up in court for the trial?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If the accuser was the star witness, then there may not be enough evidence for the prosecutor to move forward with their case. On the other hand, if there is enough evidence otherwise, the prosecutor may still move forward even if the accuser is not cooperative. The Court can also give a... View More

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2 Answers | Asked in Divorce, Domestic Violence and Family Law for Nebraska on
Q: Seeking a divorce from husband in jail for domestic violence. No kids, property, or joint accounts.

I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How can I establish grandparents' rights to see my granddaughter in Nebraska?

I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte... View More

Julie Fowler
Julie Fowler
answered on Mar 8, 2025

Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.

http://nebraskalegislature.gov/laws/statutes.php?statute=43-1802

It isn't clear from the information in your question if you...
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2 Answers | Asked in Appeals / Appellate Law, Child Custody and Child Support for Nebraska on
Q: How to correct inaccuracies in child support for appeal in Nebraska?

I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More

Julie Fowler
Julie Fowler
answered on Mar 8, 2025

Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again... View More

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2 Answers | Asked in Appeals / Appellate Law, Child Custody and Child Support for Nebraska on
Q: How to correct inaccuracies in child support for appeal in Nebraska?

I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 8, 2025

The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Nebraska on
Q: Son sued for $7200 after uninsured car accident in Nebraska.

On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2025

Addendum - Just an added consideration. Hopefully, something on the scale of $7,200 in damages would not make it to trial. But if it was not successfully disposed of in pre-trial, that element of not having insurance might not necessarily endear your son to the court. Something to think about in... View More

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3 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Nebraska on
Q: Son sued for $7200 after uninsured car accident in Nebraska.

On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2025

As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Nebraska on
Q: First offense marijuana possession charge in Nebraska—believed to be Delta 8, incident in car.

I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 6, 2025

If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Chad Wythers
PREMIUM
Chad Wythers
answered on Mar 2, 2025

I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.

Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an...
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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Nebraska on
Q: Eligibility for attorney if first offense is only fine in Nebraska, but repeated include jail time

Possession and paraphernalia of thc. In Nebraska, I live in Missouri.

Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More

Perry Andrew Pirsch
Perry Andrew Pirsch
answered on Mar 3, 2025

Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for Nebraska on
Q: Is a text message enough proof for vandalism?

I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More

Chad Wythers
PREMIUM
Chad Wythers
answered on Mar 2, 2025

The answer to your question depends upon whether the text message from the purported vandal constitutes "probable cause" to believe the person committed a crime. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for Nebraska on
Q: Is a text message enough proof for vandalism?

I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

There is no law that says once you have it in text, you've proven your case. The other party still has the ability to challenge the allegation.

However, additional evidence like this should be forwarded to law enforcement. It may be enough for charges to be filed or to lead law...
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