Skip to main content
Melissa Marie Oestmann

Melissa Oestmann’s Answers

68 total


  • I'm in the middle of getting divorce, does my husband have a say who our child lives with until the divorce is final.

    I'm planning on moving back in with my mom. My husband does not want me to because my mom's house has too much stuff in it. I'm afraid he will try and get a lawyer and get full custody of her.

    Melissa’s Answer

    If you have an attorney for your divorce, ask your attorney their thoughts on this. Typically a non-custodial parent does not have a say in who the custodial parent lives with. However, during a custody battle, who each parent is living with, what the living conditions are, if the child has their own bedroom etc, can be used to establish who should have custody of the minor child. If you don't have an attorney, consult with one regarding this issue if you believe that your husband will try to get full custody. Good luck!

    See question 
  • Ex gave me residential custody of one of my children. But nothing has gone through the courts. I am still paying him support.

    My ex had residential custody of our 3 children. Last July he called and said that one of my sons would be coming to live with me permanently. Great. But I am still paying him child support for a child who lives with me. I have been told that I wi...

    Melissa’s Answer

    You should hire an attorney to modify child support and custody. If your original order is in Kansas, look for an attorney there. If your original order is in Nebraska, look for an attorney here. Good luck!

    See question 
  • I got a job offer out of state. There was never a legal custody order however there is a child support order can I move?

    Child is 5. I have always been the primary care giver. I am wanting to move to take a better position in the medical lab. I carry health insurance on my child. I have never established a custody order as one was never needed. I do have a child sup...

    Melissa’s Answer

    As long as there is some order regarding the minor child in the State of Nebraska, arguably, Nebraska has jurisdiction over your case. However, it is in your best interest to set up an initial consultation with a local attorney so they can review your order and provide you with a more specific answer.

    See question 
  • How long does it take for child support to increase once income has changed?

    My ex-husband recently got an increase in his VA. He says he reported it but said it has to stay that amount for 6 months before child support would increase. Is this true?

    Melissa’s Answer

    In order for child support to increase, someone-usually the recipient of child support, files to modify child support. In order to modify, you must have a material change in circumstances that has been ongoing for at least three months and is expected to continue for at least three more months. Good luck!

    See question 
  • My x-wife and I share legal custody of 3 daughters, I have physical custody.

    Her mother is filing for guardianship over my x-wife. If my x-mother-n-law is granted guardianship of my x-wife does that give her the right to make decisions for the children since we share legal custody? Can I petition the court to amend the div...

    Melissa’s Answer

    If your former mother-in-law is granted guardianship over your ex, it might be in your best interest to seek to modify the legal custody portion of your divorce decree. You would have a good argument that you should have sole legal custody if your ex wife is unable to make decisions for herself. Good luck!

    See question 
  • My ex-husband is threatening to take me to mediation because my hours at work will change so I can keep 40 hours a week at work.

    He is not working. I work Monday through Friday. When school starts up for my children my hours will be changing so I can get them to school pick them up from school take them to daycare work for a couple more hours get them home do homework showe...

    Melissa’s Answer

    Based on the information provided, it is likely that mediation would be first step. If you attempt mediation and it is unsuccessful, he would have to file to force you back to Court. However, if the parenting plan does not specifically state which days he gets to speak with the children, then he does have an argument to take you to Court to modify the parenting plan to specifically state which days he will be able to speak with the kids. Good luck.

    See question 
  • If my friend graduates from highschool at 17 can she legally move out of her parent's house?

    She has a terrible home situation, and her parents say they want to keep her until she is 18.

    Melissa’s Answer

    In the State of Nebraska, the age of majority is 19. However, she can attempt to get emancipated depending on her situation.

    See question 
  • As the respondent in a harassment protection order,can I cross examine the petitioner

    I received a temporary restraining order from my ex girl friend.In her affidavit to the court she used false accusations to get the harassment charge against me.I feel if I could ask her questions directly at the hearing I could best defend mysel...

    Melissa’s Answer

    Have an initial consultation with an attorney that practices in this area of law in your community. Ask them how to handle it and if the Judge usually allows the respondent to cross examine the petitioner or if your only option will be to respond.

    See question 
  • Can I sue my ex boyfriend for using me for my money?

    My best friend introduced me to her cousin and said that we should date. I started dating the guy and he said he needed a place to stay and would get a job and help out. He lived off of me for 5 months and I paid for everything. After I kicked him...

    Melissa’s Answer

    You could take him to small claims court. However, it appears unlikely that you will get any money back from him.

    See question 
  • Father: Do i pay child support if i have my child the majority of the time?

    Right now i'm kind of in limbo because my case has a temporary order. The order says "joint temporary legal and physical custody" but the days that i have my daughter are more than her mother has her. The temporary order also states "EACH PARTY TO...

    Melissa’s Answer

    Based on what you have stated, there is not a current order for support. However, at the final hearing, child support could be ordered for either parent if the Nebraska Child Support Calculator indicates that one parent must pay support. If you are going to pay the mother child support depends on several factors, including both incomes, the amount of time that you have your daughter as well as how much you contribute towards her health insurance.

    See question