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Nebraska Questions & Answers
2 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Nebraska on
Q: What if I plead guilty after a car crash in Nebraska with no insurance?

I was involved in a car crash in Lincoln, Nebraska, where my car was totaled. It was my first offense, and I did not have car insurance at the time. There were other people involved in the crash, and I received a citation for negligent driving. I've already had one court date and have another... View More

Perry Andrew Pirsch
Perry Andrew Pirsch pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

If you have any assets, YES!, you need legal representation. Even if you don't have assets, there are always things to review and to potentially contest, even if it is just the amount of damages. In short, yes, you should consult with an attorney. No attorney will want to take this sort of... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Nebraska on
Q: Can I serve time for possessing 7 oz of marijuana in Nebraska at age 18?

I am 18 years old and was pulled over by a police officer who smelled marijuana in my vehicle. I was found in possession of 7 ounces of marijuana in Nebraska. I have no previous offenses or criminal record related to drug possession, and I'm not currently facing any legal proceedings. Can I... View More

Perry Andrew Pirsch
Perry Andrew Pirsch pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

Yes. Pursuant to Neb. Rev. Stat. 28-416, possession of marijuana greater than an ounce and less than a pound is punishable as a Class III misdemeanor. Thus, you could be sentenced up to 3 months in jail and a $1,000 fine. Note, however, there is NO required minimum sentence and you might also... View More

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: How do I file a California divorce decree in Nebraska?

I received a finalized divorce decree in 2020 from the state of California. Since moving to Nebraska in 2019, I want to understand how to file this decree with the state of Nebraska. What steps should I take to ensure it is properly recognized here?

Julie Fowler
Julie Fowler
answered on Jul 7, 2025

What you need to do depends on what purpose you are wanting to the State of Nebraska to recognize a California court order. Most of the time, the terms in the order remain in place and effective without registering the order in the new state.

If there is a custody or child support...
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3 Answers | Asked in Family Law and Contracts for Nebraska on
Q: Am I required to pay for my child's car insurance despite different vehicle arrangements?

I am wondering whether I'm obligated to pay half of my 17-year-old daughter's car insurance, which is on her mother's plan. The insurance covers a vehicle at my ex's house, but my daughter drives a different car at my place. There's no formal agreement on vehicle expenses,... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jun 27, 2025

It depends on your parenting plan/financial plan. You've mentioned there is no formal court order or agreement on vehicle expenses, but often there can be a general provision that states the parties will share or pay equally all reasonable and necessary expenses if the parties' child... View More

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3 Answers | Asked in Family Law and Contracts for Nebraska on
Q: Am I required to pay for my child's car insurance despite different vehicle arrangements?

I am wondering whether I'm obligated to pay half of my 17-year-old daughter's car insurance, which is on her mother's plan. The insurance covers a vehicle at my ex's house, but my daughter drives a different car at my place. There's no formal agreement on vehicle expenses,... View More

Julie Fowler
Julie Fowler
answered on Jun 30, 2025

It depends what your court order says. If you have joint physical custody, you likely have some provisions about sharing certain expenses for your teen. This often, but not always, includes car insurance if the teen is driving.

If you allowing the teen to regularly drive a different...
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2 Answers | Asked in Child Support, Business Law and Family Law for Nebraska on
Q: Can personal belongings affect child support obligation in Nebraska?

I am being required to pay child support following papers served from a Nebraska court. I currently reside in Mississippi. The mother of my child claims she will ask the court to make me sell my house and livestock to give half to her for child support. We have never been married and have not been... View More

Julie Fowler
Julie Fowler
answered on Jun 17, 2025

Child support is based off of income, not the value of your personal belongings. However, income for child support purposes is not the same as income for tax purposes. If you are self-employed or the owner of a small business, it is often a lot more complicated than just putting the amount... View More

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2 Answers | Asked in Bankruptcy for Nebraska on
Q: Are new credit card debts included in Chapter 7 bankruptcy filing?

I plan to file for Chapter 7 bankruptcy and have used a new credit card about three months before filing, accruing approximately $400 in debt. I have made some payments on this card. Will this debt be included in the bankruptcy if I can't repay it?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 13, 2025

Credit card charges made within 90 days prior to a bankruptcy filing are NOT dischargeable and must be paid by the debtor.

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2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: Which state's guidelines apply to my child support payments after the order moved from CA to NE?

I originally had a child support order in California, where payments stop at age 18, but it was moved to Nebraska in 2018, where they stop at 19. The court also adjusted the payment amount when it was moved. Currently, the child resides in Texas. When the time comes, should I follow the original... View More

Julie Fowler
Julie Fowler
answered on Jun 16, 2025

When a child support order is moved from one state to another, you get into a hold set of choice of law rules. Some of the rules of the new state apply and some of the rules of the original state still apply. Generally, the age of majority from the original order stays the same for child support... View More

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3 Answers | Asked in Divorce, Child Custody and Family Law for Nebraska on
Q: How to file for divorce living in different states with agreed child custody and no assets?

I'm seeking information on how to file for divorce when my spouse and I live in different states. We've been living separately since August 2024, with me having custody of our children as agreed. We’ve sold our shared house and have no assets to divide. How should we proceed with the... View More

Julie Fowler
Julie Fowler
answered on Jun 16, 2025

If there isn't a prior custody order in place, then the custody case generally needs to be filed where the children have been residing the last 6 months. Thus, if the children have been residing with you in Nebraska for at least 6 months, then you would probably be able to file the custody... View More

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2 Answers | Asked in Business Law and Securities Law for Nebraska on
Q: Legal databases for consultant history checks in Nebraska

What are the legal databases I can use to conduct an initial check regarding the legal history of a consultant (investor advisor + contractor)? I'm looking for databases that offer relevant information for a nominal fee.

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

There are a number of databases to review a person's history that are available to the public. For example, the State of Nebraska has a website with information about obtaining a criminal background check, searching court cases, and searching for a person's driving record. All three of... View More

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2 Answers | Asked in Child Custody, Child Support, Military Law and Family Law for Nebraska on
Q: How can my partner seek visitation rights for his daughter living in Illinois?

My partner was active military when his daughter was born in Iowa. Child support was granted to the mother, but no visitation rights were established. The mother moved to Illinois with their daughter 3 or 4 years ago. He has had minimal communication with the mother, who often stops responding to... View More

Julie Fowler
Julie Fowler
answered on Jun 11, 2025

If you want the Court to enter an order of custody and a set parenting time schedule, you generally need to file the original custody action in the county where the minor child is residing. If the child was residing in Nebraska, the general process includes filing the custody action with the... View More

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2 Answers | Asked in Appeals / Appellate Law and Tax Law for Nebraska on
Q: How to appeal a denied tax refund claim due to mailing date discrepancy?

I filed my tax return, and it was dropped off at the post office on 04/15, but it didn't arrive until 04/17. My claim for a tax refund was denied because of this. I have tracking information showing the drop-off date. How can I file an appeal for this denial?

Julie Fowler
Julie Fowler
answered on Jun 3, 2025

You aren't denied a tax refund just for filing a couple of days late. The exception to this is if you are past the generally 3 year statute of limitations. However if you are 3 years and even a day late, then an allegation of filing even one day late can prevent you from being due a tax... View More

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3 Answers | Asked in Divorce and Family Law for Nebraska on
Q: How can I access my parents' recent divorce documents online in Nebraska?

Is there a way for me to access my parents' recent divorce documents online? I am not aware of any restrictions on the case.

Julie Fowler
Julie Fowler
answered on Jun 3, 2025

Assuming you are an adult, then you can go to the Nebraska Judicial Branch's website under Case Information and look up publicly available court documents by party name for a small fee:

https://43729fhve1.proxynodejs.usequeue.com/e-services/case-information-eservices

This will show you...
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Q: How can I address my ex-wife's harassment despite a parenting plan in Nebraska?

I have a court-mandated parenting plan with my ex-wife that requires us to maintain respectful communication. Despite this, she constantly sends harassing messages via the parenting app, including threats, profanity, and name-calling. This behavior continues even after mediation attempts, and she... View More

Julie Fowler
Julie Fowler
answered on May 20, 2025

If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Guidance on filing for emergency custody/TRO due to violations of a temporary injunction in a divorce case.

I am currently representing myself in a divorce case where there was a standing mutual temporary injunction issued in 2021. My husband has violated this order by committing acts of parental alienation, removing our children from Texas, and there are multiple CPS cases in three states for severe... View More

Julie Fowler
Julie Fowler
answered on May 18, 2025

Some of the language you are using are terms used in Texas and not the language that we normally use in Nebraska custody cases. Your question is posted under Nebraska. If your case is pending in Texas, then you should repost in Texas.

In Nebraska, it would be highly unusual for a...
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2 Answers | Asked in Criminal Law, Civil Litigation and Employment Law for Nebraska on
Q: Facing charge as a felon in possession with questionable evidence consent in Nebraska. Should case be dismissed?

I am facing a charge of being a felon in possession of firearms. The only evidence is a one-page typed police report stating that I consented to a search, but I did not actually give consent. A gun was found in the center console of a borrowed truck. The officer involved in my case is deceased, and... View More

Julie Fowler
Julie Fowler
answered on May 14, 2025

Generally the witness must be present to testify as to what they saw, said, or heard. Otherwise it is considered hearsay and hearsay is generally excluded from evidence. However, there are many exceptions where hearsay can be submitted into evidence if it meets the criteria for the exception.... View More

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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Julie Fowler
Julie Fowler
answered on May 14, 2025

If the child support is suspended, then you may be able to request to "reinstate" the child support once you are back to the Omaha-area so that the travel deviation is no longer appropriate. if the child support was modified to zero under a deviation or terminated, then you likely need... View More

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3 Answers | Asked in Child Support, Military Law and Family Law for Nebraska on
Q: Reinstating child support after military deployment extension

I am currently stationed in Alaska, but I'll be returning to the lower 48 states on June 1, 2025. My ex lives in Missouri, and our child support court order is established in Nebraska. The order paused child support while I was living in Alaska because my ex was covering travel expenses for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on May 14, 2025

The answer here is going to depend on how the order was treated (if temporary orders or part of a permanent modification). Without looking at the orders/parenting plan/financial plan it is impossible to advise on whether a Motion to reinstate support or Notice of deployment ending would be... View More

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2 Answers | Asked in Contracts, Employment Law and Personal Injury for Nebraska on
Q: Owed $31,000 after terminating NP contract due to mental health; advised legal steps in NE?

I graduated with a Master's in Nursing Family Nurse Practitioner degree in December 2024 and signed a contract with a pain management group before obtaining my license. The contract stated it would not be fully instated until I was licensed. I trained for 4 weeks without having my own... View More

Julie Fowler
Julie Fowler
answered on May 7, 2025

In some circumstances, employment law does allow the employment contract to include an employee having a duty to pay back the employer for on-the-job training costs or the cost of schooling that the employee received for free from the employer with the idea that it will be at no cost to the... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: Can I reclaim child support if I have had full custody post-divorce for 4 months?

I have 50/50 joint legal and physical custody of my child with my former spouse, and I am ordered to pay child support due to income disparity. Since our divorce was finalized 4 months ago, our child has been living with me full-time, with no modifications to the custody arrangement. My ex-spouse... View More

Julie Fowler
Julie Fowler
answered on May 7, 2025

You should file a modification action promptly if you want to change custody and child support. Generally, the Court can't modify child support back sooner than the month after filing. The court can do a later date but generally can't order an earlier date. If you continue to pay child... View More

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