Legal aid re-payment

Bee_Happy

Hi after I left my husband he made lots of false allegations regarding my mental health, alcoholism and mis treatment of the children. This resulted in 12 month family court hearings and a divorce. The children preceding which were instigated by him amounted to 20k alone. I feel in total despair as although it was a very lengthily case which would have lost without representation the legal aid agency are now demanding the repayment of the pittance I received from my divorce to cover these costs. I’m a single parent mum on benefits. I can’t help feeling this is unfair as I would have lost my three children to him had I not fought him. He was an abusive ex and wanted full custody of the children only to exert control over me and this was witnessed within the court. I’m sure a lot of people will not sympathise with my position as the outcome could have been far worse for me and my children had we been subjected to his continued abusive behaviour, however I believe he should have been made to pay these costs as there were absolutely no findings against me in family and criminal court which was driven by him. He forced my then 9 year old to undertake a trial via video link to prove some sort of abuse by me. This was an absolute horrific experience for us all! This small settlement is all me and my children have to re-start our lives. A no costs order was made.

Thanks for reading and any advice would be much advice appreciated.

tacpot12

I don't see that this is unfair. Your ex has effectively paid your legal costs, even though the court made a "no costs" order. So he has paid for you to be able to fight him in court.

I understand your feeling that your settlement was supposed to be to help you re-start your lives, but the benefits you receive and the other support available is already doing this. (I do understand that the level of benefits that are actually paid can be less than you need to live on, but you are and will continue to receive quite a bit of state assistance).

I think the only thing you can do is to make sure that the Legal Aid Agency (LAA) knows that you are now on benefits. If you are struggling on these benefits and can provide evidence of this, they might waive some of the charge. If they have any discretion, I suspect you will have more success if you can say specifically what you need the money for, rather than making a plea of "fairness" because the LAA can ask claimants to sell their home to settle their legal aid bill, and this is provided for in the law on Legal Aid! All they are asking you to do is to give up some financial "wiggle-room".

Good luck, I hope you can avoid paying some of the settlement back to them.

TBagpuss

Unfortunately for someone in your position, it is extremely rare for any orders for costs to be made in proceedings relating to children .

I understand that you feel it is unfair, but it is too late to change anything now, as from what you say, the final orders have been made.

Legal Aid is loan, not a gift.