Claimed Lawyer ProfileQ&A
Nominated one of "10 Best" Attorneys for Nebraska by the American Institute of Family Law Attorneys in 2015. Winner of Michael W. Amdor Memorial Excellence in Legal Research Award.
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Fowler & Kelly Law, LLP
- Creighton University School of Law
- Michael W. Amdor Memorial Excellence in Legal Research Award
- Fourth Judicial District, Douglas County, Nebraska
- Nebraska Bar Association  # 23649
- - Current
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221 Questions Answered
- Q. My daughter and I live in Nebraska her father is in Illinois he is 6 months behind in child support what can I do
- A: One of the most cost-effective ways to enforce child support is to contact the child support office in the county where the order was entered. If that doesn't work, there are a number of other methods to enforce a child support order. This includes contempt actions and garnishments, among others.
- Q. Hi, I received a letter from the Nebraska child support services asking me to contact them to discuss a matter.
- A: A court can order a party to take a DNA paternity test in a pending paternity/child support case. The Court can enter an order of sanctions, including a default order finding to be the father, if a parent doesn't follow the order for DNA paternity testing. If found to be the child's father, a parent can be ordered to pay child support. A letter is not the same as being served with a court action and then having a hearing on whether to court will order the father to submit to DNA paternity testing.
- Q. In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage
- A: If a party is not following a divorce decree, one of the most common methods to enforce this is to file a show cause/contempt action to asks the court's assistance in enforcing the Court Decree. If the Court finds the failure to follow the order to be willful, the Court can hold the party in contempt and enter sanctions against the party for their failure to act. If it is a failure to refinance within the period of time set forth in the Decree, the Court can order that the party list the home for sale if the party doesn't otherwise fulfill the terms regarding refinancing, among other terms. What is your best course of action in your case depends on the specific wording in your Decree. If the Decree is vague about whether she just needs to make the mortgage payments as opposed to actually refinancing out of your name, it may be more difficult to force refinancing if she has been making the payments timely.
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