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James J. Kenny Family Law Rancho Cucamonga Offices Located In
Rancho Cucamonga & San Bernardino
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James J. Kenny

Rancho Cucamonga Family Lawyer / Divorce Attorney

Family Law Experts - San Bernardino, Riverside, Upland, Fontana, Ontario, Victorville, Corona, Rancho Cucamonga, Chino Hills
Family Lawyer Rancho Cucamonga

Mr. Kenny's Family Law Case Examples


BE CAREFUL WHO YOU MARRY

A local resident who is a member of a Federal Intelligence Agency married an immigrant from a Middle Eastern country. They had a child together and lived a fairly typical Southern California lifestyle. When the divorce war started the Middle Eastern person enrolled the child in a fundamentalist school that advocated Anti-American sentiments. The child is now a teenager and the Federal Agent is afraid of the child. It's very easy to become enchanted with your spouse in the beginning of the marriage. Most people do not consider the challenges they may face in a state with a divorce rate of over 50%.
JK Family Law

COULD A FORECLOSURE BE YOUR LARGEST ASSET?

John and Mary's marriage became intolerable for Mary so she and the children moved out of the family home thinking that things would quickly be resolved. John stayed in the home and moved his girlfriend in with him. The loan on the house was in Mary's name alone. Mary tried to have the Court remove John but the Court did not Order him out. The bank ultimately foreclosed on the loan but John convinced the bank to let him stay until the house was sold. John lived in the house for two years without making a payment and Mary had to report the Capital Gains on her tax return.

When you are relieved from making the payments on your loan via foreclosure you are subject to capital gains tax on the unpaid balance of the loan.
JK Family Law

DON'T YOU DARE DIE BEFORE OUR DIVORCE IS DONE

Mary filed for a Divorce from John. John was a wealthy man and Mary had high hopes of receiving a generous Spousal Support award following a lengthy marriage. Mary hired a top notch Attorney from Beverly Hills to represent her in the local divorce Court. Just as the case got close to a conclusion, John passed away leaving Mary with nothing for her Support.

Believe it or not the above story happens rather frequently. Family Court has the ability to grant a Judgment of Dissolution at any time after six months of the service of the Petition. The Court could have made appropriate Orders to protect Mary before John's death, but her lawyer unfortunately dropped the ball.
JK Family Law

DON'T TAKE MY SUITCASE

Michael and Lily lived in an upscale neighborhood in Upland while they were married. In January they won $1,000,000.00 in the California lotto. The lucky couple enjoyed their winnings by purchasing several nice toys and traveling, etc. Lily converted a portion of the money ($250,000.00) into cash which she put in a suitcase.

Lily came to my office with the suitcase to plan her divorce. Michael called her on her cell and pleaded with her to come back. Love is bliss and so it happened that Lily went home to Michael. They made up and Lily felt bad about the cash. She confessed to Michael what she had done and turned the cash over to him for safe keeping. You can guess what happened. Michael hid the cash that Lily had taken. In the divorce case Michael blamed Lily for taking the cash and denied that he had the money. If Lily would have given me a check for $250,000.00 I would have deposited it into a Trust account for the parties. Greed rarely pays off.
JK Family Law

SUMMER VACATIONS

Many of your children's other parent may live some distance away from your home. As a result your children may be about to travel to another area for extended summer vacation. Many times in those situations the other parent will file for a change of Custody at the end of the summer visit.

Here are some helpful suggestions:

1. Your case will still have to be heard locally in California.
2. Take fun getaway pictures of your children just before they leave so you can disprove any abuse allegations.
3. Be sure your children have a cell phone and can call you one time each day.
4. Alert your family law attorney of the visit and be sure they will be available during the week after your children are scheduled to return.
5. Schedule a fun activity with your children for the week they anticipate returning to California. Have a great summer!!
JK Family Law

YOUR HISTORY FOLLOWS YOU
YKYIKM

One of my more humorous cases involved a wife who was trying to avoid a signed Pre-Nuptial Agreement. Her contention was that she was a rather simple minded individual who did not understand the concept of a Pre-Nuptial Agreement. She was asking the Court to set aside the signed agreement.

As the Trial was coming to an end I wrote the above letters on the courtroom blackboard. I asked her if she recognized the letters. She confirmed that the letter were her personalized license plate that she had had for fifteen years. After she explained what the letters the Court ruled in my clients favor. The translation is listed below.
You keep yours I keep mine!!!
JK Family Law

HAVING TROUBLE EXCHANGING YOUR CHILDREN?

On Fridays evenings you will see parents struggle to exchange their children with their ex spouse all over town. Many of the exchanges take place at a police station; worse, many exchanges involve the police. I have a simple solution if this problem touches your family. Select a fast food restaurant with lots of glass windows. The receiving parent should always arrive a few minutes early. Purchase a soft drink and save your time dated receipt to prove when you arrive. The delivering parent escorts the children to the front door but does not enter the restaurant. The children can walk over to the receiving parent and the delivering parent leaves quietly and quickly.

If you follow this procedure every time your exchanges will go smoothly- and safely-and your children will be unaffected.
Good Luck!!
JK Family Law

DO YOU HAVE A FAMILY LAW SAFETY PLAN?

Most people are aware of the bickering that occurs in a divorce case. Not everyone focuses on the extreme danger that may occur. When a person has, or is about to suffer intense economic hardship or the loss of their children they may become dangerous.

Common safety issues include threats of bodily harm, suicidal threats, expressing a desire to "go home" and erratic behavior. A family law safety plan should include a plan to calm your spouse down by agreeing to whatever they want and to get away from them quickly. Your objective should be to stay alive and well! The police will help you after that.
JK Family Law

WHY DO SOME DIVORCE CASES HURT FAMILIES?

Many family law litigants get caught up in the revenge/punishment aspect of family law. The path of destruction a scorned spouse can reap is limited only by their imagination.

If you are caught up in a nasty family law case here are three questions to ask yourself:

1. Do my children really benefit by not spending quality time with their Mother/Father?
2. If I spend enough money on my case will my life really benefit?
3. How does my inability to move on with my life hurt my family?
JK Family Law

HOW TO SELECT A FAMILY LAW ATTORNEY

Here are five factors which you may not have heard before if you are considering someone to be your Family Law Attorney:

1. Does the perspective attorney's work schedule match the times that you are available to meet with him or her?
2. Do you believe that the attorney which YOU are considering will be able to explain things to you in a way that you will be able to understand?
3. Do you get the impression that the perspective attorney is interested in you as a client?
4. Does the perspective attorney appear to have the experience to handle your case?
5. Do you feel comfortable talking to the perspective attorney?
JK Family Law

REAL ESTATE AND DIVORCE

When a married couple sell their home they receive the entire net sale proceeds (if any). When a divorcing couple sell their home they each receive one-half of the net sale proceeds. Because of their situation time becomes more important to a divorcing couple then the actual sale amount. For that reason divorcing couples may want to price their home at a lower amount to try to get a quick sale and hopefully be able to take advantage of the current buyers market.
JK Family Law

WHEN WILL MY DIVORCE CASE BE OVER?

This is by far the number one question I receive from clients. The answer is "whenever you are ready for it to end". As long as you understand what it is that you are fighting for and how much it really costs to do so you can make an informed choice as to whether a three to four year divorce war is worth what it costs. Many times it is worth the fight; other times, a quick resolution is better. It's your choice!
JK Family Law

DON'T BE TOO GREEDY

Wendy and Joe divorced after a long marriage. Joe had been a highly paid executive and the parties lived well. Years later as Joe approached retirement he sought to reduce his $9,000.00 per month Spousal Support Order. Wendy resisted.

The issue at the Modification Hearing was how much the Support would go down. Wendy turned down $4,000.00 per month. She got mad at me for me suggesting that she take the deal so she switched lawyers. She went to Trial and the Judge reduced her Support to zero.
JK Family Law

HOW TO AVOID A RESTRAINING ORDER

People who are afraid and angry will often times act out inappropriately towards their spouse. Throwing objects, kicking, slapping, pushing, blocking someone from leaving a room; these are the most common origins of a Domestic Violence incident. A very high percentage of Domestic Violence cases result when the initial victim overacts in a manner designed by them to stop the initial aggressive behavior. Unfortunately, many people in that situation overact and the other party is injured.

If your spouse initiates the type of behavior described above-DO NOT RESIST. If you call the police while you are still the victim and you do not defend yourself you have a very good chance of avoiding a Domestic Violence Restraining Order. Good Luck!!
JK Family Law


If you're looking for an experienced Family Law Attorney you can trust, call James J. Kenny today at (909) 476-2661


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