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Tag: parenting


How is Child Support Affected by Parenting Time?

In Nebraska, the amount of parenting time with your children directly affects the amount of child support you will receive or owe to your former spouse. Generally speaking, the more parenting time, the more child support you will receive. Here are answers to three frequently asked questions regarding how parenting time affects child support: How Is Parenting Time Calculated? For the purpose of calculating child support, parenting time is defined by the total number of “overnights” that a parent has with the children during a year. For example, if you and your former spouse share an equal amount of parenting
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Questions to Remember During Mediation

Nebraska law requires parents to develop a parenting plan before a divorce can become final. Parenting plans discuss in detail what the co-parenting relationship will look like between former spouses. Some parenting plans are developed during the mediation process. While all parenting-plan mediations will address major parenting issues—such as routine parenting time, holiday parenting time, and legal decision making—it is important not to forget these important topics: What should vacation parenting time look like and much advanced notice should be given? How much telephonic or electronic communication access should our child have with the parent who is not exercising parenting
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5 Considerations When Modifying a Parenting Plan

For divorced parents operating under the provisions of a parenting plan, a need may arise to ask a court to revisit the plan because certain provisions are either antiquated or not working. For example: Parenting time provisions no longer apply because our children are no longer in daycare. The right of first refusal has become a source of conflict between parents. One parent is not exercising his or her parenting time. If you are contemplating a modification of your parenting plan, here are five considerations to keep in mind: The Unexpected Must Have Occurred To modify a parenting plan, Nebraska
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Filing Taxes During Divorce

As April 15th creeps closer, spouses often have questions and concerns about how to file their taxes both during divorce and after. What filing status should I report on my taxes? Who gets to claim our marital deductions this year? How is our tax refund divided? Here are some answers to tax questions commonly asked by spouses going through divorce. Which Marital Status May I Choose? Whether you may file as single or married is determined by your marital status on December 31st of the tax year. For example, if your divorce becomes final on October 1, 2018, you may
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What to Expect from the Mediation Process During Divorce

When you and your spouse are unable to reach settlement during divorce, one of the first resources available to work past impasse is mediation. In divorces with children, Nebraska law requires mediation, but mediation is often utilized even when children are not at issue. What is mediation? Mediation is a way for you and your spouse to talk with the help of a neutral third-party. The role of the neutral third-party, the mediator, is not to take sides, but rather to help you communicate your goals and concerns, while also encouraging you to brainstorm resolutions. While the process of mediation
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Should You Ask for a Guardian Ad Litem?

If custody and/or parenting time issues are contested, it may be helpful for a neutral, third party to step in to help assess what’s in the best interests of your child. A guardian ad litem (GAL) is someone who is appointed by the court for this purpose. GALs are usually lawyers with special training. You may ask your judge to appoint a GAL at any point if you believe that the assistance of a neutral person, whose sole purpose is to assess your child’s best interests, would be beneficial. Talk with your family law attorney about requesting a GAL if
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What is a Custody Evaluation?

If custody is a contested issue in your divorce, you may consider seeking a custody evaluation. A custody evaluation, performed by a child custody expert, is used by the court to determine what custodial arrangement is in the best interests of your child. A child custody expert is a neutral evaluator, usually a licensed psychologist, whose role is to determine the bests interests of the child and to make recommendations to the court regarding custody and parenting time. He or she will conduct a complete evaluation of the parties, conduct psychological testing, interview the parents and the child, and evaluate
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Do’s and Don’ts for Divorcing Parents

DO’s DO tell your children they are still loved and that they are not getting divorced from their parents. Remind your children that they still have the right to love each of their parents. They don’t need to choose sides. DO encourage your children to communicate with you about how they are feeling. Your children may feel angry, sad, or confused, and they have the right to have these feelings. Keep an open line of communication so they know they have a safe space to express their feelings. DO maintain as many family traditions as possible. Although your family is
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Will My Child Have a Say?

During your divorce, hard decisions regarding your children are made. For example, where will they live? How often will they see each parent?  The paramount concern in any decision regarding custody, parenting time, or other child-related issues is what is in the minor child’s best interests. But what happens when your child expresses a preference regarding who to live with? Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age. Nebraska law provides that your child’s preference regarding custody will
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Holiday Parenting Time

When crafting your parenting plan with your co-parent, you have to specify which parent will have your children for which holidays. Typically, the major holidays are alternated annually. However, if a parent has particular holidays that are especially important to him or her, accommodations can be made. You may hear your holiday parenting time schedule referred to as “Wilson v. Wilson” parenting time. This refers to the Nebraska Supreme Court case where major holidays were identified and time sharing explained. Wilson identified the following holidays as “major”: Easter, Memorial Day weekend, Fourth of July, Labor Day weekend, Thanksgiving, Christmas (may
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