Julie Fowler

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.

• Divorce

Nebraska

Since 2007

Partner

Fowler & Kelly Law, LLP

Current

Creighton University School of Law

J.D.

Michael W. Amdor Memorial Excellence in Legal Research Award

Fourth Judicial District, Douglas County, Nebraska

2009

Nebraska Bar Association # 23649

Attorney

2007 - Current

Q. I got a citation for failure to yield. The ticket was dismissed. I am being charged for an accident that I didnt creat

16 July 2019

A: I'm not sure what your question is. If you've been charged with a crime or a traffic offense, then you should retain a criminal defense attorney. If you are being sued for civil damages and you'd like the opportunity to prove the accident was not your fault, then you should retain an attorney that handles personal injury cases.

Q. My daughter is getting child support, on her fafsa she has to claim me, the biological mother and the step dads income!!

16 July 2019

A: In Nebraska, the duty to pay child support continues until the age of 19. The parents can enter into a contract, even within their custody order, for the parents to have an obligation to provide assistance with college tuition or expenses. The Court can't order this unless both parents agree to it. Once the parents have agreed to this as part of their custody order, the court will generally enforce it under contract law if a parent later changes their mind. Thus, the Court will generally force the parent to pay a share of college expenses if that was part of the parents' agreement that was memorialized as part of the custody order. Whether a parent gets to claim a child on taxes is governed by the IRS rules and the custody order. If the custody order says that a parent is able to claim a child if they are current on their child support obligation, then the parents are to follow that order even if one parent helps with college expenses and the other does not.

Q. My mother passed away and I'm in charge of her estate she has back Medicaid do I have to pay back medacade

16 July 2019

A: Medicaid recoupment is a powerful tool of the government to obtain funds from a deceased's estate to help pay back for the costs of Medicaid for the deceased. There is a whole subsection of estate planning that focuses on ways to prevent or minimize Medicaid recoupment. You should speak with an experienced estate planning attorney to assist you with the handling of the estate.

Q. Should I request criminal prosecution be transferred to Federal from State District Court. A s1983 civil rights remedy?

16 July 2019

A: A 1983 action is a civil action, not a criminal case. You need to speak with a criminal defense attorney to represent in Nebraska against your Nebraska criminal charges. If the charges are under Nebraska criminal law (which is very likely), you won't be able to transfer them to federal court.

Q. I received a ticket while being a passenger in a car. I got a ride to work from a coworker. He had expired plates.

16 July 2019

A: It is possible for multiple occupants of a vehicle to be found guilty of drug possession charges when there are drugs in the car. That being said, the burden is on the prosecution and, depending on the specific facts of the case, all vehicle occupants may not be guilty if one person has illegal drugs on their person. You should contact a criminal defense attorney to discuss your case. If you can't afford an attorney, you can ask for a public defender to be appointed to defend you.

Q. with somebody that got pulled over for expired plates and they got a ticket for less than half ounce of marijuana

16 July 2019

A: It is possible for multiple occupants of a vehicle to be found guilty of drug possession charges when there are drugs in the car. That being said, the burden is on the prosecution and, depending on the specific facts of the case, all vehicle occupants may not be guilty if one person has illegal drugs on their person. You should contact a criminal defense attorney to discuss your case. If you can't afford an attorney, you can ask for a public defender to be appointed to defend you.

Q. Must I always be required by law to show plates on my car that has no commercial use?

11 July 2019

A: Nebraska law requires a person to register their vehicle, have plates on their vehicle, and pay certain taxes and fees. A party must also carry insurance on their vehicle. For a complete list of requirements, you can find the information on the Nebraska DMV's website. There is no grace period for drivers that don't plan to remain in Nebraska long term.

Q. I have custody of my son and mother is required to have supervised visits she wants her family to do the visits but

11 July 2019

A: The Court determines whether someone is in contempt by looking at the specific wording of the order. If the order says a parent's time must be supervised, it generally says who can do the supervision. Often it is with a relative but sometimes it requires agency supervision. If the custodial parent no longer agrees that the person listed as the supervisor is suitable for supervision, the the custodial parent likely needs to file a motion or action to change the allowed supervisor or risks being found in contempt for violating the terms of the order. Paid supervision is expensive, often around $80 per hour, so the Court is often hesitant to order this unless there isn't another option.

Q. I discovered that I may have a child that is now 25 years old. Can the mother file for back child support?

2 July 2019

A: Child support is for support of a child. Once the child is an adult, it would be difficult to successfully argue that a retroactive award of child support for an adult is appropriate. I have never heard of a case where a party was successful in arguing for retroactive child support for an adult in Nebraska.