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Vanessa J. Gorden
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Vanessa Gorden’s Answers

240 total


  • I want to know if I can sign my rights away for a child ? And if so will that stop the child support payments?

    I pay child support for a child I've never met. I do not plan to be in this child's life and her mom doesn't want me in her life anyway. But she doesn't have a problem with taking my child support money, is there a way I can sign my rights away? A...

    Vanessa’s Answer

    The paying parent cannot simply relinquish his (or her) rights to a child unless the custodial parent plans for a stepparent or other type of adoption; or there is a termination of parental rights. Child support and parenting time/visitation are two separate issues. Not visiting the child does not relieve the responsibility to pay, and payment of support does not guarantee a certain amount of parenting time/visitation. Nebraska law views the right of support as belonging to the child, and thus stopping support is very serious. Best wishes.

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  • When & how is an ex spouses attorney held liable, or in contempt abusive,repeated &harassing motions filed on false information?

    When is an opposing attorney of an ex spouse who repeatedly files motions against you that are proven to be void of fact be held responsible. Who has an obligation to ask the court for measures to be levied and when is the bar notified. More impor...

    Vanessa’s Answer

    Please remember that attorneys have only the information given to them by their client, who is the opposing party in your matter. Your ex spouse and you have the most information about your situation, and it is important that each of you provide correct information to your attorneys handling the case. Attorneys further are hired to do a job by a client, including filing motions, etc. Often time the problem is with the opposing party (your ex) not really the attorney representing the ex spouse. If the allegations are truly frivolous, you can request that the opposing party be sanctioned, including paying your attorney fees for having to defend. This only works if it is truly egregious and no valid grounds exist. If the opposing attorney has in fact acted badly/frivolously, s/he may be subject to sanctions as well, but this is very rare (again because attorneys operate on the information received from their client, not the opposing party, and have an obligation to follow their own client's direction). Best wishes.

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  • When is a child old enough to choose where they want to live?

    My 12 year old granddaughter went to live with her dad and stepmom after her mom died 6 years ago. She isn't happy, she is left alone often, sometimes all day until late at night. They have demanding jobs. She lives in Iowa.

    Vanessa’s Answer

    Iowa is currently the home state for your granddaughter, since she has resided there for several years. Therefore, Iowa law most likely applies and you would need to consult with an Iowa attorney. In most states, a parent's right to custody of their child is superior to any other family member's (including grandparents). As long as her father is a safe, fit parent, she will likely need to remain in their home. However, you should consult with an Iowa attorney in their local area to determine if there is legal action to be taken under Iowa law. Best wishes to your family!

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  • What are my chances of this request being granted? What can I expect? What can I do to higher my chances o this being approved?

    My husband and I got married in Texas and then moved to Nebraska 2.5 years ago which is where his entire family resides. Before moving to Nebraska, Texas is where I was born and raised. My husband's entire family is residing in Nebraska and I have...

    Vanessa’s Answer

    Nebraska is one of the hardest states for a parent to move children away from the other parent. However, it is not impossible. You cannot move during a pending action or after without the other parent's agreement and the Court's permission. Whether you will be able to move with the children over the other parent's objection (with a Court order) depends on your very specific facts, which will be measured against the "Farnsworth factors". It will also depend on the judge assigned to your matter and how s/he views these cases. The only way to have a helpful case evaluation for these types of matters is to visit with an experienced family law/custody attorney in your local area to confidentially discuss all of the details and specifics of your children's situation in order to determine the likelihood your request will be granted. Best wishes to you!

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  • Is the Non custodial parents still responsible to pay childcare expenses for the past 4 yrs when no receipts have been received?

    if a custodial and non custodial parent has a child support stipulation made 4 years ago says that the non custodial parent pays 50% of childcare expenses which needs to be delivered to the non custodial parent AND to the clerk of district court e...

    Vanessa’s Answer

    It will depend on the specific wording of your Order or Stipulation. Generally, the failure to provide documentation in a timely manner may not relieve the paying parent's obligation to pay, but may relieve the obligation to pay it on demand. You should also do what you can to verify the expenses are correct, such as contacting the daycare provider directly if possible. Canceled checks are usually sufficient evidence that an expense has been paid. However, to make sure you are meeting your obligations and have more specific advice regarding your situation, you should consult with an experienced local attorney who can review your orders with you and give you your options. Best wishes!

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  • What would happen with custody/child support in a divorce? The minor is less than a yr before 19. How would be best to proceed?

    I am a wife interested in a divorce. Married 14 yrs and living together for almost 20. We have one minor child and I have two others that are not the biological children of my husband that are adults. Marriage is broken and I have agreed he shoul...

    Vanessa’s Answer

    You mentioned that you do not have access to marital income to retain counsel - please note that under the circumstances you described, you may be able to have your spouse required to pay some temporary attorney fees. You should consult with an attorney about that option so that you are not without counsel under these circumstances. You really do need to speak with an attorney because your facts here raise issues of spousal support and jurisdiction . Even if your spouse will keep the home and vehicle, he will need to pay you your share of the equity in these items. An experienced divorce attorney can help you make sure the outcome is fair to all of you, including your daughter. Best wishes to you and your family.

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  • Approximate Child support calculation

    If i have 0 income, and the father of ny son make aprox. $1000.00 per week, 20$ an hour,approximately how much is the child support calculation i woukd receive. Note: this is for review modification he currently is ordered to pay $400.00 per month

    Vanessa’s Answer

    Nebraska Child Support Calculator offers a free pro se (without an attorney) account if you follow this link:

    http://cluster.nebcsc.com/ChildSupport/trunk/?_p=subscribeForm

    However, keep in mind that many factors can and influence child support. For example, the reason why you have no income is very relevant. If you receive disability, or have historically been a stay at home parent, that matters. You may have income imputed to you if you are able to work and choose not to. Your best bet is always to consult with an attorney about your rights and responsibilities. If you cannot afford to hire one, look for a local "self help" desk at your courthouse or apply to Nebraska Legal Aid. Best wishes.

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  • Non biological custodial parent

    I conceived my child before I was married. We then married after getting pregnant again and later divorced. Recently a judge awarded full custody to their father who has a couple DUI's and lived with family for years where as the judge told me I m...

    Vanessa’s Answer

    Generally, after the divorce is settled, you cannot reopen the issue of paternity unless her non-biological father wants to do so. After this length of time and two opportunities to contest paternity (at her birth and at the divorce), most courts will consider the impact upon the child more than the biological or legal rights of the parents, without more. Best wishes.

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  • Can I file a divorce while pregnant

    I'm needing a divorce from my husband I am 7 months pregnant with his child can I file all the paperwork before the child is born or do I have to wait and will I have to put him on her birth certificate or not

    Vanessa’s Answer

    You can file the paperwork to start the divorce now, but you will need to clarify that you ARE currently pregnant. There is a mandatory waiting period in Nebraska of 60 days from the date your spouse is served or enters his voluntary appearance. Whether your local Court will allow you to finalize until the child is born is going to be a matter of local practice. An experienced local attorney can tell you how your judge typically handles these situations. Best wishes!

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  • Can you Dissolve a guardianship without going to court

    A friend has guardianship of my son we are ready to end the guardianship. There for he come back to live with me we would like for him to come back and live with me before the guardianship is over but we don't know if we can. Also can we dissolve ...

    Vanessa’s Answer

    If the guardianship is in Lancaster County and your son is a minor child, there are pro se forms available by which the Guardian and parent could agree to terminate the guardianship. Unless there are special concerns present or someone is objecting, the court hearing would take less than 5 minutes (the judge just needs to receive the paperwork and make an Order). Best wishes to you and your family!

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