Jennifer Setters Lawyers, want to be a Justia Connect Pro too? Learn more ›

Jennifer is a first generation Mexican-American and a long-time resident of Las Vegas, Nevada. She first relocated to Las Vegas in 1997 and enrolled & graduated from Rancho High School. Quickly after, Jennifer enrolled and graduated from the University of Las Vegas, Nevada with a Bachelor of Arts in Criminal Justice.

In 2010, she enrolled at the Boyd School of Law in Las Vegas, Nevada. Jennifer demonstrated an innate passion for helping others protect their legal rights. In 2011, she was recognized as Student of the Year for Boyd’s Community Service Program where she taught divorce and custody classes to underprivileged Spanish-speaking litigants.

Since graduating law school, Jennifer has represented hundreds of clients in a multitude of legal actions in various areas of law.

Before establishing Gastelum Law, Jennifer worked for highly-established firms where she was tasked with opening family law and personal injury divisions from the ground up to representing hundreds of clients both in prelitigation and litigation matters. Jennifer is not afraid to litigate in court; her philosophy is every client deserves diligent and aggressive representation. She strives to fight for every client to receive the best legal outcome.

In her free time, Jennifer enjoys spending time with her son, two daughters, and husband. She loves the outdoors, working out, and exploring new places.

Languages:

English
Spanish

Licensures:
Nevada District Courts
Arizona District Courts
United States District Court, District of Nevada

• FaceTime
• Google Meet
• Skype
• Zoom
• BlueJeans
• Microsoft Teams
• RingCentral
• WebEx
• WhatsApp

• Credit Cards Accepted
• Contingent Fees
  Checks, cash, payment options

Nevada

State Bar of Nevada

ID Number: 13126

Founder

Jennifer Gastelum Law PLLC

2018 - Current

UNLV William S. Boyd School of Law

J.D. (2013) | Law

2010 - 2013

Honors: Honors in Legal Writing

Activities: Worked at the Public Defenders office as well as Pro Bono work.

Rising Star

Super Lawyers

State Bar of Nevada  # 13126

Member

Current

Q. Can a prior motion to reduce child support be revisited in future motions after it was completed?

January 31, 2025

A: In Nevada family law, while finalized motions typically cannot be re-litigated, child support is always modifiable based on changed circumstances. Here’s how it applies to your situation:

1. Can a Prior Child Support Motion Be Revisited?

If your first motion was properly adjudicated and no appeal was filed, the decision is final for that specific time period.

However, when you file a new motion to reduce child support after being laid off, the opposing party can bring up prior job changes to argue a pattern of underemployment.

Family courts have broad discretion in child support matters, so while they cannot undo the first ruling, they can consider the circumstances surrounding both job changes when determining whether your current unemployment is legitimate.

2. Accusation of Intentional Underemployment

Nevada courts do not allow parents to manipulate child support by choosing lower-paying jobs or remaining unemployed to reduce their obligations.

The court may evaluate:

Whether your job loss was involuntary (e.g., layoffs vs. quitting).

Whether you’ve made reasonable efforts to find comparable employment.

Your earning potential based on education, skills, and job history.

3. How to Defend Against the Accusation

Provide documentation of your layoff (termination letter, unemployment records).

Show job search efforts (applications, interview logs).

If the job market has changed (e.g., industry downturn), present economic evidence to justify why you haven’t found equivalent work.

If you’re pursuing training or certification to improve employment prospects, show proof to counter claims of intentional underemployment.

4. What the Court Can Do

If the judge finds that your job loss is genuine, they may approve the child support reduction.

If the judge believes you are voluntarily underemployed, they may impute income (assign a potential income amount) and deny the reduction.

Final Advice

Since the opposing party is trying to challenge past decisions, it’s crucial to consult a Nevada family law attorney to ensure you present strong evidence and protect your rights. ... Read More

Q. If my ex paid for the kids sports and I called for a refund. & only half was refunded. Is there grounds for prosecution?

January 31, 2025

A: Whether criminal charges could be filed against you for requesting and receiving a partial refund depends on several factors, including intent, agreements between you and your ex, and how the refund was processed. However, here are some key legal considerations:

1. Was It Fraudulent?

If you knowingly misrepresented your right to the refund (e.g., claiming you paid when your ex actually did), it could be considered fraud in some jurisdictions.

If the refund was granted based on accurate information, it is less likely to be a criminal matter.

2. Was There a Court Order or Agreement?

If your custody or divorce agreement specifies that your ex is responsible for sports expenses, you may have had no right to request the refund.

If there was a misunderstanding or lack of clarity, it may be considered a civil dispute rather than a criminal act.

3. Did You Keep the Money?

If you immediately returned the refunded amount to your ex, this reduces the likelihood of criminal prosecution.

If you kept the money, it could potentially be viewed as theft by deception, but proving intent would be key.

4. Can Criminal Charges Be Filed?

Your ex can try to file a police report, but law enforcement would have to determine if a crime occurred.

If there was no intent to steal or defraud, this is more likely a civil matter (e.g., your ex suing for the refund amount) rather than a criminal case.

What Should You Do?

If you wrongly received the refund, the best course of action is to return it to avoid legal complications.

Keep documentation of the refund request, communication with the organization, and any payments made.

If your ex is threatening legal action, consult an attorney to protect your rights.

Final Note

Every case is different, and legal consequences vary depending on the specific facts and local laws. If you're facing threats of criminal charges, speak with a lawyer immediately to understand your best options. ... Read More

Q. Domestic violence.

January 31, 2025

A: This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are some key legal points to consider:

1. Fighting the False Domestic Violence Allegation

Since you claim self-defense and have evidence of your injuries, this may be relevant in disputing the allegations.

Gather all evidence: Photos of your injuries, any witness statements, and medical records that support your side.

If you were falsely accused, your attorney may argue mutual combat or self-defense depending on the circumstances.

A criminal defense attorney can help build a defense strategy to challenge the charges and avoid them affecting your custody case.

2. Defending Against the Restraining Order

Courts take restraining orders seriously, especially in custody disputes.

If she falsely stated she was afraid of you while continuing to interact with you in ways that contradict her claim (such as being alone with you in medical offices), this could undermine her credibility.

Your text messages may help disprove her claims of emotional abuse, especially if they show her using offensive language toward you.

An attorney can help you request an evidentiary hearing to challenge the restraining order.

3. Proving Parental Alienation & Child Abuse Claims

If she attempted to coach your son into making false abuse allegations, this could be a sign of parental alienation. Courts take these claims seriously.

Document every instance where she has interfered with your relationship with your child.

If she has falsely accused you of harming your child, you may be able to seek sanctions or a custody modification.

If DCFS is involved, an attorney can guide you on the best way to present evidence that she is the one mistreating your son.

4. Using the Video Evidence

A video showing her threatening someone with a 12-inch kitchen knife could be relevant if it contradicts her claim of being afraid of you.

This may show that she is the aggressor, not the victim.

However, the admissibility of this evidence depends on several factors, so an attorney can help determine how to present it properly.

5. Protecting Your Custody Rights

False allegations of domestic violence can negatively impact your custody and visitation rights.

A strong defense and presentation of counter-evidence (texts, videos, photos, etc.) may help protect your parental rights.

You may be able to request a forensic evaluation or custody evaluation to uncover alienation or abuse.

Filing for a modification of custody based on her actions may be an option.

Take Action Immediately

Hire an attorney with experience in both family law and criminal defense.

Do NOT violate the restraining order (even if she contacts you first).

Document everything—keep a record of all interactions, texts, and evidence.

Stay calm and avoid retaliation, as any misstep could be used against you.

Final Note

Every case is unique, and the legal system can be complex—especially when dealing with false allegations, domestic violence, and custody disputes. An attorney can provide the best legal strategy to help clear your name and protect your parental rights. Seek legal counsel as soon as possible to fully understand your options and build the strongest case possible. ... Read More