Divorce And Family Law Representation In Omaha, Nebraska

Omaha Nebraska Family Law Blog

Division of retirement accounts in a Nebraska divorce

It is understandable that people facing divorce may have considerable concern about what will happen to their retirement accounts. This is especially true for those approaching retirement or already there. The size of those accounts will have a direct impact on the standard of living for the rest of their lives.

Introduction to Nebraska child support guidelines

At our law firm, we represent Nebraska parents in legal matters related to child support. For example, child support must be addressed in divorces with children as well as in disputes between unmarried parents. We also represent parents requesting the modification of previous child support orders. These modifications become necessary upon a change of circumstances — be it a change of income, parenting time or the birth of subsequent children.

Like many other states, Nebraska bases its system of child support on guidelines, which consider the income of each parent and the number of children among other factors to determine monthly child support according to a formula. The Nebraska Child Support Guidelines, sometimes called the NCSG, are contained in the state court rules and were developed by an economist from the University of Nebraska at Kearney.

Legal standards fairly traditional for Nebraska alimony awards

At our law firm, we provide advice and advocacy to our divorce clients in matters of alimony, also called spousal support or maintenance. Nebraska law treats alimony, meaning the payment of support from one former spouse to the other, in a traditional manner that gives a judge fairly broad discretion to fashion a reasonable spousal support award

We recently wrote in this space about upcoming changes in how federal tax law treats alimony. Today we will focus in on the basics of Nebraska alimony law, which state case law has recognized is a way to assist the recipient to become self-supporting.

3 Tips For Managing Divorce-Related Stress

Whether you have chosen to initiate divorce proceedings or you were blindsided by your spouse, one thing is always certain in divorce: it has the potential to become extremely stressful for all involved. 

No one can promise a stress-free divorce. Even spouses who look forward to life after divorce know there will be some rough spots as the process unfolds. The following tips can help you minimize those and keep your focus on moving forward to the next phase of your life. 

Protecting Your Business From Divorce

Have you invested financial resources as well as your sweat, blood, and tears to build a business you can be proud of? As you look forward to your post-divorce life, the last thing you want to see is all your hard work being erased by the ravages of your marriage's dissolution. 

The good news is that losing your business or seeing it dismantled is not a fait accompli. The key to protecting your business is preparation and thorough legal representation from a skilled professional. 

Complications In Gray Divorce

You look across the table at your spouse of over 40 years. You've raised children together, traveled together, been through hard times together. For a while, though, something hasn't felt right. You're not the person you once were, and the comfort you used to feel just isn't there anymore. Could it be, you wonder? Could your marriage have really run its course?

This is an increasingly common story for Nebraskans and others across the country. While national divorce rates have largely stabilized, one group is experiencing a surge: people over the age of 50. In fact, so-called "gray divorce" rates have doubled since 1990, bringing with it several complex issues.

One month remains to take advantage of U.S. alimony tax deduction

After 75 years, federal tax reform has done away with the deductibility of alimony payments for the paying ex-spouse. In addition, the recipient of alimony, also sometimes called spousal support or spousal maintenance, will no longer have to pay income taxes on alimony received. 

The changes take effect January 1, 2019. All divorces finalized and final (not temporary) divorce or separation settlement agreements executed on or before December 31, 2018, remain subject to the previous conditions.

I'm a father. Can I keep custody of my child?

When parents decide to divorce, many fathers become concerned they will lose custody of their children. The assumption is that courts favor mothers in proceedings because they are perceived as the natural caregivers.

However, in Nebraska, the sex of the parent is not the determining factor in establishing custody. Nebraska courts are more concerned about the children's best interests.

How is property divided during divorce in Nebraska?

One of the more contentious parts of a divorce is often the property division determination. Having a basic understanding of how the courts view division during divorce can help parties negotiate this process. The process is a creature of state law, so this piece will focus specifically on the division of property during a divorce in Nebraska.

First step: Label the property.

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Higgins Law
209 South 19th Street
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Omaha, NE 68102

Phone: 402-933-7600
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