Julie Fowler

Julie Fowler

Divorce and Custody - Affordable Representation
  • Divorce
  • Nebraska
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Claimed Lawyer ProfileQ&A
Biography

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.

Education
Creighton University School of Law
J.D.
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Professional Experience
Attorney
Law Office of Julie Fowler, PC, LLO
Current
Awards
Michael W. Amdor Memorial Excellence in Legal Research Award
Fourth Judicial District, Douglas County, Nebraska
Professional Associations
Nebraska Bar Association  # 23649
Attorney
- Current
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Jurisdictions Admitted to Practice
Nebraska
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Practice Area
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Languages
  • English: Spoken, Written
Legal Answers
Q. How do I file a California divorce decree in Nebraska?
A: 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 involved, you may want to consider registering the order in the new state if you want to modify the terms of the order. However, generally the new state won't accept the registration if the other parent remains residing in the state that entered the original order.

If all parties have moved from California, you can generally file a registration of the order in the state where the minor child is now residing, assuming you had court permission to move the child out of state. To file a registration action, you generally file the registration action with the Court and then submit an order of confirmation after the other party doesn't object to the registration within the 20 day period to object. The specifics as to how to do this depends on what you are trying to register and the purpose. You can register an order for enforcement purposes only or for modification and enforcement purposes and the process is slightly different.

If the divorce decree only addressed property, then it would be unusual to have a need to register the order in the new state and generally you would not be able to register the order in the new state. The original state would continue to handle enforcement provisions if the property in dispute is still located in California.

You should speak with an attorney about your specific needs as to how best to proceed with a registration action in your specific situation.
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Q. Am I required to pay for my child's car insurance despite different vehicle arrangements?
A: 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 vehicle, then you are likely required to add the teen to your vehicle insurance or you risk being denied coverage if there is an accident. If the teen is regularly driving a vehicle in your possession, then you likely have teen vehicle insurance costs as well. If the Court order requires you to share in their teen insurance costs, then it likely requires the other party to share in your teen insurance costs as well.

Insurance for teens is often pricey. It sounds like you two may need to do a coordinate approach to make sure the teen has appropriate coverage while driving and then try to reach an agreement as to what the order says as to who pays what for these costs. There may be a more economical solution then each party have a separate policy for their teen.
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Q. Can personal belongings affect child support obligation in Nebraska?
A: 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 showing on your paystubs or as your taxable income into a child support calculator. Especially if your income is relatively low on paper, the Court can calculate you at your earning capacity if your earnings are lower than your earning capacity.

Further, especially if you are in agribusiness, the Court can take into consideration that the land and the value of your business is growing due to your efforts even if your cash flow and traditional income is relatively low. You will want to retain an attorney that has experience with those in agribusiness if that fits your situation as there are special rules that sometimes apply in these situation.

If you are being denied visitation, you can still be ordered to pay child support. You can't withhold visitation with the child to try to get money. You can't withhold child support if visitation is withheld. Neither is putting the needs of the child first and the Court is very consistent on this in Nebraska caselaw. If you would like court-ordered custody or parenting time, you will need to file a custody/parenting time action. Generally, you can do this within the same case as the child support case but you have to file the appropriate documents to add these issues to the court case. You need to speak with an attorney about your rights and your options.
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Websites & Blogs
Website
Contact & Map
Law Office of Julie Fowler, PC, LLO
7777 L Street
Omaha, NE 68127
US
Telephone: (402) 455-1711
Monday: 8 AM - 5 PM
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM (Today)
Saturday: Closed
Sunday: Closed
Notice: No walk-in appointments available. Please call to schedule an appointment.