Koenig|Dunne is proud to have served the LGBTQIA community for many years, including partnerships with the ACLU, the Nebraska ACLU, and Lambda Legal Defense Fund, to protect and preserve the rights of the LGBTQIA community. Last weekend, our team was happy to show our support for the LGBTQIA community here in Omaha at the 2022 Heartland Pride Parade. During our conversations with members of the community during the event, we heard similar questions being asked of our legal team. Below is a summary of the common questions we were asked and our brief answers. 1. What does the Dobbs decision
Children
In child custody cases, certain individuals can be asked to provide an expert opinion to the court regarding parental fitness, custody, financial matters, and the like. An expert is someone who has specialized knowledge in a certain area and is qualified by skill, experience, training, or education to assist the judge in understanding the issues. Experts are typically authorized to review and receive information, records, and reports concerning all parties involved. He or she will prepare a report with recommendations. The expert may have their deposition taken at the request of a parent and may be subpoenaed to testify at
During a custody case, if you and your spouse are unable to agree on a parenting plan, the judge may have to make decisions regarding the parenting plan for you. If a judge becomes involved in custody decisions, it is important to keep in mind what the judge can and cannot do for you. General standard for custody cases: In general, judges are bound to make custody decisions based on the law and their interpretation of the law. Specifically, in Nebraska, custody decisions are made under the “best interests” standard, meaning judges make decisions based on what they believe will
On July 15th, the American Rescue Plan’s expanded child tax credit program will take effect. Under the expanded program, qualifying families will receive a monthly payment of up to $300 per month for each child under 6 and up to $250 per month for each child 6-17 years old. The expanded program also allows for half of the child tax credit for next year to be paid in advance to whomever claimed the dependent in 2020. For divorced parents, this expanded program raises many concerns, especially for those who alternate the tax years for which they claim their children as
Generally, tax returns, paystubs, and traditional wages are the easiest way to determine one’s income for purposes of child support and/or alimony. However, not all spouses earn income this traditional way. Non-traditional earnings, including dividends from income investments, passive income, retained earnings in a closely-held corporation (if excessive or inappropriate), Social Security benefits, as well as more-complex income streams may be taken into account when determining child support and/or alimony obligations. If a spouse earns non-traditional income, your divorce attorney may recommend you seek the assistance of an expert to support in determining a complete picture of the income available
Undoubtedly, a big life change, such as a divorce can cause emotional distress. Unfortunately, a stigma regarding mental health support still exists. Many parents worry that seeking professional help may make them appear unstable or be used against them in a custody proceeding. However, if you are seeing a therapist, acknowledge yourself for getting the professional help and support you need. Your well-being is important to your ability to be the best parent you can be. But make sure you do disclose to your attorney if you are seeing a therapist; your mental health records can be subpoenaed by the
We know there is stress and confusion regarding the start of school this year for families in Nebraska. What may be adding stress to some divorced parents is the decision to send their children to public school or whether to enroll them in private school depending upon each schools’ coronavirus precaution and procedures. The Nebraska Supreme Court Child Support Guidelines have no specific provisions regarding the expense of private education. However, both parents can agree in a divorce decree that they want their children to attend private school and agree upon how the education expense will be paid. Previously, the
After your divorce has been filed, you might find that there are temporary issues that need to be resolved before the final Decree is entered and your divorce is complete. Most commonly, after parents separate households and finances, a temporary child support award is necessary to ensure that the minor children’s financial needs are met during the pendency of the divorce. If you and your spouse are unable to agree upon the amount of temporary support to be paid each month, your attorney can file a motion for temporary support asking the judge to determine how much child support should
In Nebraska, a parent wishing to change a child’s name may petition the court for a name change. However, changing a minor child’s name can be a complex legal process. For example, you must file your Petition and give formal notice to the other legal parent that you intend to change your minor child’s name. This Notice along with the hearing date must also be published in a local newspaper. If the other parent consents to the name change, he or she must also complete a “consent” form. If the other parent does not agree or consent to the name
The new year brought new changes to the Nebraska Child Support Guidelines. If you currently pay or receive child support in Nebraska, a re-calculation under the new rules could drastically change the amount you pay or receive, respectively. So, what changed? Monthly Support The child support tables (found here) have been amended. The new tables affect each parent’s monthly share, and application of the new tables will almost certainly lower the amount of child support owed. Total Monthly Income The Nebraska Child Support Guidelines directs how we determine a parent’s “total monthly income” for child support purposes. Courts can consider
