Prenuptial & Postnuptial Agreements
Family Law Guru
Having the experience of The Family Law Guru help you formulate a prenuptial or postnuptial agreement doesn’t mean that you don’t love or trust your spouse-to-be. It means that you would rather be in control of how your property is distributed, your assets and debts divided and who gets what in the unfortunate event of a divorce. It means that you are realistic planner for the reservations of what the future may hold and you do not want a California divorce court dictating how your finances, assets and debts will be separated.
A prenuptial agreement is simply put is a legally binding document that allows the spouses to control the manner in which the property and relationship will be addressed in a divorce. The Family Law Guru will also assist you in drawing up a postnuptial agreement, or a set of legal guidelines similar to that of prenup, but executed after the marriage has taken place. This kind of agreement requires a good deal of expertise because once you are married; you owe your spouse the highest duty of good faith and fair dealing. A postnuptial agreement can be set aside by one spouse if it was not executed properly.
Although prenuptial or postnuptial agreements are an alternative for any marriage, one or the other should be considered essential in the following situations:
- One or both of you owns an interest in a business.
- This will be a second marriage for one or both of you.
- One of you is wealthier than the other.
- One of your salaries is much higher than your partner.
- One of you has significant debt
- One of you will be a stay at home parent.
Contact us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Domestic Violence Restraining Orders
Rancho Cucamonga Family Lawyer
Domestic Violence is not a situation to take lightly. The emotional damage that can be caused by Domestic Violence can last for years or even a lifetime. Individuals many times believe the first time with the apologies will be the last time and never occur again. That is usually not the case.
Contact Us immediately for a Free Consultation to discuss what needs to be done to protect yourself. The Law Office of Vanessa Gnekow can be reached at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Child Custody and Litigation
Rancho Cucamonga Family Law Attorney
California family law requires that child custody orders be “in the best interest of the child”. As a parent of the child or children, sometimes the court orders may not seem reasonable. Child custody disputes are the most emotional and difficult issues for families going through a divorce, and can become litigious. Though child custody mediation, either through family court services or through private mediation, is often a mandatory first step in resolving the conflict, it is not always the final resolution. In cases where settlement of the custody dispute is not feasible, you want a family law attorney who will protect your rights and your children’s rights, while looking for a doable solution. Even if you agree on a basic child custody arrangement, whether that means sole or shared legal custody and sole or shared physical custody, you may need the services of a family law attorney to resolve critical details that may have long run implications for you and your children.
It is important to work with a local Rancho Cucamonga family law attorney who knows the law, the trends in the court system within your county and can apply this knowledge to the facts of your unique case. Have you had the majority of caretaking responsibility? Do you feel that your child would be safer with you than with the other parent? Are you concerned about visitation and parenting time? Is the current order or arrangement working or does it need to be modified?
I am experienced in helping families reach solutions in the following child custody matters as well as other matters:
- Joint Legal Custody
- Joint Physical Custody
- Sole Legal Custody
- Sole Physical Custody
- Moving and relocation
- Accusations of abuse, neglect or domestic violence
- Poor parenting or risks to children
- Children with special needs
- Weekends, vacations, holidays and summer visitations
- Modifications of current orders
- Enforcement of child custody orders
Contact Us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Spousal Support and Alimony
Family Law Guru
Whether you are in need of spousal support to supplement your living or if you need to protect your assets against the issuance of an unsurmountable spousal support order, The Family Law Guru will audit all the pertinent facts that may affect a spousal support award or protect your rights either through negotiation or in court.
There are two types of spousal support – “temporary,” or “post-Judgment,” support.
The two types of support serve completely different purposes. Temporary support is intended to maintain the status quo in order to provide stability for both parties at the outset of a divorce action. Temporary support addresses the facts and circumstances of the parties at the time that a request for support is made. Typically, in California the court will plug the applicable figures into a computerized support software, and the amount that the program recommends is normally what is ordered. Temporary support will be paid until such time as the Judgment of Dissolution is entered. It is subject to modification.
Post Judgment support, however, is based on an analysis of a variety of factors found in the Family Code, and takes a longer view of the marital relationship when deciding on the appropriate amount of support to be paid.
Though the term “permanent” is frequently used to describe post Judgment support, spousal support orders are rarely truly permanent. The court usually styles an order for support to diminish over a set period of time and end upon a specific date. Certain various factors the court must weigh when awarding post Judgment support.
Factors a court evaluates in determining post Judgment support include the following: Each spouse’s income; Length of the marriage; Age and health of both spouses; Spouse’s marketable abilities; Standard of living during marriage; Debts and resources of each spouse; If one spouse quit his/ her job to care for children; If one spouse paid for the other to attend school; Earning power and ability to pay spousal support; Disrupting the care of the children; As well as any history of domestic violence.
Obtaining the Highest Support Order
The correct amount of income that goes into a calculation is complex, especially when a spouse is a business owner, is self-employed, or has worked for multiple employers. Income from investments must also be entered. The Family Law Guru is knowledgeable in all aspects of evaluating income available to pay support,
Opposing Unmanageable Spousal Support
The Family Law Guru is skilled at defending against uncontrollable spousal support awards. If you are affected that a spousal support request does not accurately reflect the economic realities of your economic state, I will assist you in educating the court with the relevant facts to the spousal support decision, and make sure that you get all of the deductions that you are entitled to.
Modifications of Spousal Support Orders
Things change. If your situation has changed and a spousal support order needs to be modified, The Family Law Guru is exceptionally skilled at Post judgment modifications or enforcement of orders.
Contact us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Post Judgement Modifications
Family Law Guru
Dealing with the Modification of a Child Support Order, Spousal Support Order, Visitation or Custody Orders
Circumstances change; the original child support, spousal support, custody or visitation orders that were put in place may need to be changed in order to meet current situations with the family’s existing financial situation. The Family Law Guru will help you modify any existing court orders to meet your needs. The process can be complicated but when the order is correctly modified you will benefit from a new court order that makes sense for you.
The Family Law Guru will handle modifications as well as enforcement dealing with Child support, Alimony/Spousal Support or Child Custody and Visitation Rights.
Child Support Modification
A Child support modification may be needed when the financial circumstances of a parent may change. Each parent may appeal a child support order if there is a change in their conditions like an increase or decrease in the incomes by either parent, or a change in the amount of time the child spends with each parent.
There are many reasons why a child support order may be changes. Should you need to modify your child support payments, The Family Law Guru can prepare your petition and help properly document your changed financial or health condition.
Modification of Spousal Support Orders
Spousal Support in California is considered final at the time of the dissolution of the marriage or divorce. California family law does allow for changes to spousal support when changes occur to the original facts used to determine that support payments happen. Modifications are typically based on changes in income and, like child support changes, either spouse can request a modification to a spousal support order. Whether you are the spouse making support payments (obligor spouse) or the spouse receiving payments (the recipient spouse), Vanessa Gnekow will assist you in obtaining a modification in line with your current financial circumstances.
Modification of Custody and Visitation Orders
Custody and visitation orders are based on conditions at the point of the divorce. The goal of these orders are to establish a schedule that is in the best interests of the children, while at the same time giving both parents the appropriate level of parental access. However, situations can change over time, and if those changes are substantial, this could be grounds to modify custody or visitation orders. The more common situation that may result in modification of custody is when one parent moves or relocates.
The Law Office of Vanessa Gnekow has have handled many of the aforementioned situations and she has the experience to handle the most complex modification situations, including interstate and international moves.
Contact us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Enforcement of Orders
Rancho Cucamonga Family Lawyer
With the Enforcement of Court Order(s) you need the help of an experienced Rancho Cucamonga family lawyer to help you traverse the mine field of issues that may come up enforcing a Court Order.
The Office of Vanessa Gnekow has years of experience helping their Client’s with the enforcement of Court Orders.
Court Orders can deal with the following situations:
- Enforcing a Child Support Order
- Enforcing a Spousal Support Order
- Earnings or Wage Assignment Orders
- Writ of Execution
- Child Support Security Account/Electronic Funds Transfer
- Contempt Proceedings
Child as well as Spousal support are not voluntary, but support orders are not self-enforcing. If one parent fails to pay a court-ordered child or Spousal support, it is up to the other parent to enforce that order. California law requires an earnings assignment for all child support orders. This means the spouse’s employer must pay support directly to the other parent. A writ of execution enables the parent receiving child support to request the court to order the liquidation of the other parent’s assets and have the funds transferred to the supported parent.
The spouse who fails to comply with support orders may be required to pay reasonable attorney’s fees incurred by the beneficiary spouse in the action of a collection proceeding. The court will determine the amount that would constitute rational attorney’s fees. The above methods for obtaining support are also among the remedies for enforcing child custody and visitation orders, or property division orders.
Contact us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
Legal Separation
Rancho Cucamonga Family Law Attorney
A legal separation is appropriate only in a narrow set of situations: divorce is against your religion and neither of you plan on remarrying; you need to remain married in order to be eligible to claim an interest in the other’s Social Security benefits; one of you have significant medical issues which prevents him or her from obtaining private medical insurance; or you have not lived in the state long enough to file a regular divorce action. No matter your reason for separating, a Rancho Cucamonga family law attorney is here to help you get a fair agreement.
A legal separation is very similar to a divorce or dissolution of marriage. The grounds for the legal separation are similar to that of a divorce, either citing irreconcilable differences or incurable insanity. Irreconcilable differences is the no-fault divorce option where neither party must prove fault of some kind by the other party. The second legal ground for legal separation requires professional medical or psychiatric testimony and evidence.
However, there are significant differences between a legal separation and a divorce. Both parties must agree to a legal separation. If both spouses do not agree specifically to a legal separation then proceedings automatically become divorce proceedings. Remember, both parties do not have to agree to a divorce. There is no waiting period in California for a legal separation; it can happen immediately, while it takes six months for a dissolution of marriage to be finalized. Finally, there is no residency requirement for a legal separation. You do not have to live in the state for six months before filing the action. But the most important difference is that technically, you remain married, which means of course that you cannot marry someone else.
The Petition for Legal Separation is filed and personally served on the Respondent.
Contact the Law Office of Vanessa Gnekow immediately to discuss your situation so that we may take immediate action to protect you. Call now at 909-481-5350
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Child Support
Rancho Cucamonga Family Law Attorney
Unlike issues in most Family Law matters, the issue of child support is rather rigidly defined. Whether you are navigating your way through a divorce, a legal separation, a paternity action, or trying to modify an existing child support order, the amount you pay or receive in support is dictated by the child support “guideline” established by the California State Legislature, and set forth in California’s Family Code. To discuss your case and the next best step, contact your local Rancho Cucamonga family law attorney today.
Both parents have a co-equal responsibility to provide financial support to the children. Guideline child support payments are generally based on factors including, but not limited to, number of children, gross income of each parent, and the percentage of parenting time each parent enjoys with the children. In general terms, if you are the paying parent, the more time your child spends with you in accordance with the parenting plan, the less support you may be required to pay. The opposite is also true – the less time the parent receiving child support spends with the child, the lower the support he or she will receive. Additionally, the court ordinarily orders each parent to pay one-half of any work-related daycare incurred by either parent, and one-half of any medical costs not covered by insurance. While both parents are expected to contribute financially to the direct support of the children, only one parent will actually be required to make a guideline child support payment to the other parent on a monthly basis. The other parent, most often the primary residential parent, will be responsible for the day-to-day management and spending associated with support of the children.
Some parents also agree on additional child support “add-ons.” Commonly agreed upon add-ons include extracurricular activity expenses, school tuition, travel expenses and any other expense associated with raising children. These expenses may or may not be ordered by the judge depending on the financial circumstances of the parents.
While the child support guideline is mandatory, exceptions to the imposition of a guideline order do exist in the Family Code that can have a significant impact on the amount of child support awarded. If you are subject to, or expect to be subject to a child support award, you should consult with an experienced Rancho Cucamonga family law attorney to ensure that you and your children are being treated appropriately under the law.
Contact Us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.
Family Law
Rancho Cucamonga Family Lawyer
Not every divorce requires a lawyer, but if you are looking for a Rancho Cucamonga Family Lawyer, possibly one of the following has occurred: Your spouse hired a divorce attorney; There may be a custody battle for the children; You feel you are being taken advantage of; You need to protect your assets and your business; You require a post-Judgment modification; or You may fear for your life and need a restraining order.
Divorce is never stress-free, but for you, the stakes may be particularly important. You need an experienced family law attorney to explain what is happening legally and why, so that you can prepare for the process. You need an attorney who is seasoned who will understand your business and financial needs. You need an attorney who partners with you to help you achieve an equitable resolution and a conclusion.
My approach to family law comes from a place of balance. I have helped clients through a divorce to understand that this is a “no win” situation for anyone. I offer flexibility to formulate a personalized methodology for your specific family law case which will attend to your exact needs, issues and fears. However, being flexible doesn’t mean that I don’t fight for you.
Should you have any of the following issues call today for a thorough explanation of how my firm will provide the solutions to any of the following family law issues:
- Dissolution actions
- Legal separation actions
- Prenuptial and postnuptial agreements
- Custody advocacy and litigation in complex custody disputes
- Child support
- Spousal support or alimony
- Property characterization
- Complex professional business valuation
- Separate property reimbursement
- Post judgment modifications
- Enforcement of Orders
- Debt reallocation issues
- Domestic violence restraining orders
At The Law Office of Vanessa Gnekow you have the benefit of Small Firm agility that responds quickly to the situation, I am your advocate throughout the process so that you are able to arrive at the end with stability.
Contact Us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.