Eker Family Law

Nebraska courts grant temporary guardianship for a single period of ninety days. If good cause can be shown, the court might extend temporary guardianship for successive ninety-day periods, but there would need to be action taken on behalf of the guardian to receive this extension (it is not granted automatically).

Temporary guardianship allows someone other than a child’s biological parent to assume responsibility for the care, custody, and control of property of award, who is usually a minor child. Nebraska has a more extensive process for establishing guardianship compared to some other states and tends to give preference to family members and other peers before anyone else. To gain temporary guardianship of a child in Nebraska, a person over the age of 18 must submit multiple documents to the court and be deemed to qualify as a guardian.

No. Any changes that need to be made to child support or any other legally binding aspect of a divorce settlement must be approved by the court. Child support is calculated based on a standard formula. If there is a change in income for the paying parent (increase or decrease), either parent will need to contact the court for an adjustment in payments. Not paying at least the amount owed in child support puts the party responsible for child support at risk for legal action.

Yes, the decisions made during the initial negotiations of a divorce can be changed, but any changes require oversight of the court. Changes are handled in much the same way as the initial agreement. For instance, if the spouse paying alimony has a job change that significantly impacts his or her earnings, either spouse can petition the court for an adjustment in spousal support payments. Spouses have the option of negotiating a new arrangement or turning the decision over to the court completely.

It depends on the specific situation, especially whether or not a guardianship was established as permanent or impermanent, but divorce is likely to affect the arrangement. Legal guardianship is a court-recognized relationship in which an adult takes responsibility for the care of another person, usually a minor child. It is not adoption, though there are some similarities. In order to maintain a relationship similar to the arrangement based on guardianship, those involved must create a court-approved custody arrangement, just as they would if the child were biologically shared.

A paternity action, sometimes called a parentage action, is the legal proceeding in which a parental relationship between a father and a minor child is established. Once a man is biologically determined to be the father of a child, parents have the opportunity to decide on a parenting schedule or, if they cannot do so, a judge to make the ruling regarding custody, visitation or parenting time, and child support.

How long it takes couples to divorce in Nebraska depends on a variety of factors. Timeframes are shorter when divorces are less complicated and/or couples agree on all of the issues in question. Complicated cases with a lot of assets and issues regarding child custody tend to take longer. The state has a 60-day waiting period once the dissolution is filed until the court will grant a dissolution, so 60-day is the absolute minimum it would take to complete a divorce.

Sometimes when spouses are not in agreement over whether to end their marriage, one of them drags their feet signing the paperwork. In some cases, even if both want a divorce, one procrastinates out of spite. If your spouse is uncooperative and refuses to sign the papers, the court can still move the proceedings forward. If your spouse refuses to attend court and/or does not file a response to your divorce petition, the court has the authority to enter a default judgment and grant you a divorce.

In a legal separation, a couple is still legally married. They are free to live separate lives, but the legal ties of marriage remain. For instance, neither spouse is permitted to remarry if they are legally separated. If something were to happen to one, despite the legal separation, the other spouse would have the authority to make legal decisions. For instance, if a legally separated husband becomes incapacitated, his wife has the authority to make decisions regarding power of attorney and so on.

Property acquired by either spouse during the marriage, including many retirement funds, is considered by the court to be marital property. Legally, it belongs to both spouses. Retirement funds, including 401(k) plans with money earned during the course of the marriage are considered marital property. This means they can be divided. Any money put into these accounts after the divorce is finalized is not considered marital property.

Nebraska is an equitable distribution state. This means that all marital property is split between the spouses in a matter that is deemed “just and reasonable.” Equitable does not mean equal, though there are cases in which the division might end up being equal. Courts determine what is just and reasonable based on a review of the complete picture of how each spouse contributed to the marriage and what each spouse needs to move forward and maintain a similar standard of living to what existed in the marriage.

Sometimes. Child support payments are calculated based on the paying parent’s net income. This is his or her gross income from all sources, minus any mandatory deductions. Courts might take into account the reasonable living expenses incurred by the paying spouse for basic necessities of life, like rent or mortgage, food, and clothing. The court does not consider childcare/daycare costs or health insurance costs living expenses.

Parents can make decisions about visitation if they are able to. However, if this is not an option and they are unable to agree on an arrangement, the court will intervene. What is reasonable and fair varies from situation to situation and depends on the schedules and circumstances of both parents and children. The goal is to make it as easy as possible for a child to have a healthy relationship with each parent.

It could. Parents are advised to remain in their current homes with their children until a temporary arrangement is established. Otherwise, it might be seen as abandoning the children and the family. In situations when this is not possible, it is best to establish a temporary custody arrangement as soon as possible. If the one parent deems it necessary to leave because of an abusive situation, he or she should alert the court to the issue.

Family courts factor in a variety of considerations when making decisions about custody. The goal is to act in the best interest of the children and to keep their lives as consistent as possible. The court also wants to ensure the children will have healthy relationships with both parents whenever possible. Issues including the parents’ work schedules, the child’s schedule, the child’s health, the health of both parents, and the child’s relationships with siblings and other relatives are some of the things taken into account when making custody decisions.

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