Frequently Asked Questions
- Where is your Lincoln, Nebraska office located?
- We are located across the street from the courthouse to the East. We are the building directly behind the USTOP convenience store on the second floor.
- Do you give free consultations?
- No our office does not offer free consultations because we want to be able to spend more time with our clients and go over every facet of their case. Instead of the 10 minute phone consultation most attorneys offer for free, our attorneys will meet with you face to the face in the office for approximately 30 minutes to an hour. During the initial consultation the attorney will listen to your story and any and all concerns you have about the legal process. They will then explain the law in that particular area, how it applies to your situation, and what the proper procedure is. From there the attorney will form a case plan for you including what steps need to be taken and different alternatives you may have.
- How much do you charge for a divorce or custody case?
- This varies for each individual case and circumstances. The attorneys or office staff will not be able to give you a price estimate until you come into the office for the initial consultation. After hearing about your circumstances and analyzing it with you and deciding on a course of action, the attorney will be able to give you a better estimate of cost specific to your case.
- What are the requirements before my new spouse can adopt my child?
- The person looking to adopt the child must have lived with the child for at least six months prior to filing for the adoption. In addition, that person must be married to the biological parent of the child. However, there is no requirement for length of marriage, as long as the six months of living together have been met.
- How can I relinquish my parental rights so I don't have to pay child support?
- In Nebraska, you cannot relinquish your parental rights simply for the purpose of getting out of paying child support. In order to relinquish your rights you have to have someone that you are relinquishing them to. For instance, you may relinquish your rights to your former partner's new spouse in a step-parent adoption as long as the requirements above are met.
- What age does my child support obligation stop?
- In Nebraska, you must pay child support until the child reaches the age of majority, which is 19. This is true even if the child is no longer living with their other parent because he or she is at college. Child support may end earlier than 19 if the child dies, is married, or joins the Armed Forces.
- Can I move out of state with my children?
- If there is a court order involving the custody of your children, no, you may not relocate outside of the state of Nebraska without permission of the Court. If you are considering moving to a new state, please consult one of our attorneys immediately because a Modification action will need to be filed to request permission from the court. You need to modify the court order even if your former spouse is in agreement with you moving out of state. This needs to be filed before you have actually relocated to the new state. is your office located?
- Do I have to take a parenting class?
- Yes, if parenting time or custody is an issue in your case you must take a parenting class approved by the Court. This is true even if you and your partner reach an agreement as to custody and parenting time.
- What is the difference between a Chapter 7 and a Chapter 13 Bankruptcy?
- Chapter 7 bankruptcy is also known as a total liquidation bankruptcy, where all of the unsecured debt is discharged at the end of the bankruptcy with a few exceptions. These exceptions include student loan debt, certain taxes owed to the government, loans from 401K plans, domestic support obligations including alimony, or wages owed to an employee. A Chapter 13 bankruptcy is a monthly payment plan to your unsecured creditors based on your disposable monthly income. There are income limitations on filing for a Chapter 7, which can be discussed with your attorney.
- Can I file just a medical bankruptcy?
- No, there is no such thing as a medical bankruptcy. While it is true that a large majority of bankruptcies are due to medical bills, when filing for bankruptcy you must include all creditors that you have an outstanding balance with in your bankruptcy. You cannot pick and choose which creditors to include in the bankruptcy.
- Once I have been appointed as someone's guardian what responsibilities do I have?
- Within 90 days of being appointed as the guardian you will need to have completed a class on how to be a guardian. This list is available through the County Court Clerk or your attorney. Also within 90 days you will need to file an Inventory for your ward. Then every year on the anniversary of your appointment you will need to file an Annual Report of Ward. If you are also the holder of the money for your ward, you will also need to file an Annual Accounting of their money. All of these forms are available from the County Court Clerk or your attorney.
Kotik & McClure Attorneys At Law
1023 Lincoln Mall suite 202
Lincoln, Nebraska 68508 (map
Phone: (402) 423-0553
Fax: (402) 423-0354