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.

Practice Area
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Jurisdictions Admitted to Practice
Nebraska
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Law Office of Julie Fowler, PC, LLO
Current
Education
Creighton University School of Law
J.D.
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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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Websites & Blogs
Website
Legal Answers
669 Questions Answered
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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Q. How to file for divorce living in different states with agreed child custody and no assets?
A: If there isn't a prior custody order in place, then the custody case generally needs to be filed where the children have been residing the last 6 months. Thus, if the children have been residing with you in Nebraska for at least 6 months, then you would probably be able to file the custody case here.

Usually the custody case is filed as part of the divorce case. However, the rules as to where to file a divorce action are different from those regarding custody. It is possible that you are required to file a divorce in one state and the custody action in another state, although this is relatively rare.

Each state has their own requirements as to residency in order to file a divorce action there. In Nebraska, a spouse has to have lived in Nebraska for at least 1 year with the intent to remain residing in Nebraska at this time. Thus, if you've been living in Nebraska with the children for the last year, you can probably file your divorce action here in Nebraska and include the custody part of the case as part of the same divorce filing.

If you haven't met the one year mark, sometimes people file a legal separation in Nebraska so that they can get a temporary order of custody and support in place. Then, once the 1 year of residency is met, you convert the pending legal separation action into a divorce action. It stays within the same case number and you finalize the case as a divorce within the same case number.
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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 (Today)
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: No walk-in appointments available. Please call to schedule an appointment.