An Overview of Our Peoria and Pekin Law Practice
The Illinois law firm of Susan H. Butler, P.C., represents clients in all matters of family law. Contact our Peoria County family law lawyers to learn how we can help you reach a resolution to your legal matter. We have handled thousands of successful cases and are committed to excellence in representing our clients.
Divorce
People who are going through a divorce often feel emotionally vulnerable as a result of having been in a bad relationship, or as a result of what they experienced in their marriage. A person should never make decisions about marital property division or child custody issues without being fully advised and without having a full understanding of the options available. It is essential that the attorney and client develop a rapport and ease of communication. We take pride in the relationships we build with our clients, and work hard to maintain them.
Child Custody and Visitation
Parents going through divorce often get hung up on labels such as whether they are the custodial parent or whether they "just have visitation." As family law attorneys, our goal is to help you dispense with a focus on the labels and to focus instead on the quality of the time each of the parents will be able to spend with the children. We also understand that sometimes a contested custody case is the only way to deal with parents' conflicting ideas of what is best for their children in a divorce. In that event, we are aggressive and effective advocates.
Fathers' Rights
In Illinois, our child custody statute is gender neutral. This means that both the father and the mother have equal rights to request custody of children in a divorce proceeding. Joint custody is a popular way to make sure both parents retain a decision-making role in the major issues facing children as they grow and mature. Joint parenting agreements are the result of divorcing couples putting aside their differences and focusing on the best interests of their children. Rarely is joint parenting "forced" upon parents; unless they both agree and confirm to the court that they are committed to cooperating, the court will rarely impose joint parenting on them.
Child Support
There are guidelines for the calculation of child support, but deviations are possible. For example, where the payor's income is so high that the guideline percentage would give a windfall to the recipient, far in excess of the reasonable needs of the children, the court may make a downward deviation. Illinois law calls for the payment of child support directly from the payor's employer. This arrangement ensures that payments will be made on time and in the right amount.
Additionally, child support can be modified if there is a significant change in circumstances. For example, if the payor of child support loses his or her job, or is forced to take a lower paying job, child support payments may be reduced. If the payor receives a raise or a promotion, child support may be recalculated so the children will benefit by an increased amount of support.
Spousal Maintenance
Spousal maintenance (formerly called alimony) can be one of the more difficult issues to resolve in divorce. In Illinois, there are no guidelines for determining maintenance amounts, as there are with child support. Instead, maintenance is decided on a case-by-case basis, with the needs of the party requesting it being balanced against the ability of the other to pay. Our law sets forth factors, which the court considers when being asked to award maintenance to one of the spouses. While most people accept an equitable division of marital property and the necessity to pay child support, few want to write monthly checks to their ex-spouse. When the spouses cannot agree about maintenance, a judge will hear the facts presented by each spouse, and the judge will decide whether maintenance should be paid, and if so, in what amount and for how long.
Relocation of Parents and Children
In today's mobile society, it is not uncommon for parents to want to move out of state for new employment or family reasons. Problems arise when children are involved because the distance may interfere with the custodial and visitation arrangements which the parties have enjoyed. Additionally, enforcing terms of the divorce agreement become difficult, particularly where more than one jurisdiction is involved. We assist parents requesting to move out of state as well as those contesting the relocation.
Post-Decree Modification
The terms of a divorce decree can be modified if there has been a substantial change in circumstances. Susan Butler and Kelly Giraudo are experienced in analyzing your facts to determine whether such a substantial change of circumstances has occurred in your case.Our firm can help you modify an existing child support or child custody and visitation agreement.
Marital Property Division and QDROs
Most people who go through a divorce understand that they will have to divide marital property with their former spouse. Much of the effort in a divorce case involves determining the identity of all the assets of the marriage and then valuing them. Pensions are marital property, even if they are unvested, but the key is to determine what part of the pension was earned or accumulated during the marriage. Pension interests that accrue before or after the marriage are the nonmarital property of the employed spouse. Complex court orders, called Qualified Domestic Relations Orders, are prepared by the attorney to make sure that the former spouse receives his or her share of the ex-spouse's pension.
Paternity Actions
Voluntarily signing birth certificates at the hospital does not give the father legal rights, such as the right to see and visit the child, should he and the mother break up. It is essential for a parentage (formerly called paternity) case to be filed in order to establish the legal parentage of a child born to unmarried parents, and to legally establish the rights and obligations of parents.
Domestic Violence
At the law firm of Susan H. Butler, P.C., we are committed to being responsive to those who are victims of violence. That having been said, an equally devastating situation occurs when a spouse misuses the Illinois Domestic Violence Act to gain an advantage in the divorce or child custody case. We are experienced in knowing when to file and when to fight an Order for Protection.
Adoption and Guardianship
Stepparent and grandparent adoptions and guardianship proceedings are often used to give legal recognition to a relationship that already exists. Recent cases have solidified the paramount role of the biological parent; however, there are exceptions in our laws which permit nonparents to seek custody and guardianship. Adoption of related and unrelated children is one of the most rewarding things we do.
Grandparents' Rights
Illinois law gives parents the discretion to decide whether their children will have the opportunity to develop a relationship with their grandparents. If one parent dies, or otherwise cannot care for a child, however, a grandparent may have the right to seek visitation time with a grandchild. Each case is fact-specific, and legal advice should be obtained if grandparents have these types of problems.
Mediation
Susan H. Butler is a certified mediator in family law cases for the Tenth Judicial Circuit of Illinois, which includes Woodford, Peoria and Tazewell Counties.
Guardian ad Litem / Child Representation
Both Kelly Giraudo and Susan Butler are qualified to serve and represent the interests of your children in the capacity of Guardian ad litem. In contested custody and other matters involving children, it is often advisable for the court to appoint a Guardian ad Litem to protect and advocate on behalf of the children. When a Guardian ad Litem is involved, the children rarely testify themselves, thus greatly reducing their stress.
Contact a Central Illinois Divorce Attorney
To arrange a consultation with attorney Susan Butler or attorney Kelly Giraudo, call 309-938-4204 or complete the contact our family law firm online form.
