Paying back the Legal Aid Board after divorce

littlewren

Hi,

I'm hoping someone can help with this query regarding the Legal Aid Baord please, I have tried ringing them and Citizens Advice and was just kept on hold for ages.

I am currently receiving monthly maintenance from my ex husband as I have been unable to work for some time due to long term health problems. This maintenance is due to end in 3 years time when I reach retirement age. My ex has contacted me to ask if I would accept a lump sum for the remaining time, instead of receiving it monthly, as he is tidying up his finances.

I have a Statutory Charge on my house following my legal aid bill for my divorce, which now stands at nearly £19,000 (with interest) - it started off at £9,000!

If I was to accept the lump sum, would the Law Society require me to pay them back out of the money, or would they not need me to as it would still be maintenance, therefore money I would have to live off?

I can't seem to get the answer from anywhere, even though I've Googled. Obviously if I gained money from any other source (such as a Lottery win - I wish!) I understand that I'd have to pay them back first, but would this be different as it's still maintenance, just as a lump sum?

Thankyou in advance.

NotSuchASmugMarriedNow

If you have a charge on your house then presumably you don't have to pay till you have sold it. maybe others know more, sorry can't be of much help

littlewren

NotSuchASmugMarriedNow wrote: »

If you have a charge on your house then presumably you don't have to pay till you have sold it. maybe others know more, sorry can't be of much help

No, but if you come into any money or have savings, you're expected to repay them some, if not all, of the legal aid.

Nicki

I don't know the answer to this but I think it is reasonable to say to your ex that you need legal advice on whether you should agree to this and if he wants to buy you out of your maintenance that he must pay for that advice.

littlewren

Nicki wrote: »

I don't know the answer to this but I think it is reasonable to say to your ex that you need legal advice on whether you should agree to this and if he wants to buy you out of your maintenance that he must pay for that advice.

Thankyou Nicki

jewelly

If you are receiving state benefits, they may be affected by receiving a lump sum (depending on the size of it), so be aware of that.

littlewren

jewelly wrote: »

If you are receiving state benefits, they may be affected by receiving a lump sum (depending on the size of it), so be aware of that.

Thanks for your reply jewelly, no I'm not receiving state benefits.