How is ex getting legal aid

bigmaz

Hi guys

I am going through a divorce, my ex is getting legal aid. Just wondering how she is actually getting legal aid, she works part time, gets a lot of child maint from me, and her new man has a very good job, they have 3 cars. The reason why I ask is out of curiousity, I got a letter from the court asking wether I want to contest it before her solicitor go’s through with it. I don’t want to contest it, as I want to get the divorce over and done with. I am a LTD company, so could have technically got away with paying the minimum amount of child maintanence, but I would never have gone down that route. Just frustrating as I got grief from her about how much I was giving her over and above child maint for “extras”, but she happily cheats on legal aid.

WhenIam64

Do you know for sure it is Legal Aid and not aid from a legally qualified person?

For example, https://weareadvocate.org.uk/ provides pro-bono help for people referred by local charities. One of the specific rules they have is that they will help people not entitled to Legal Aid. Essentially filling the gaps left by cuts in Legal Aid.

bigmaz

WhenIam64 wrote: »

Do you know for sure it is Legal Aid and not aid from a legally qualified person?

For example, https://weareadvocate.org.uk/ provides pro-bono help for people referred by local charities. One of the specific rules they have is that they will help people not entitled to Legal Aid. Essentially filling the gaps left by cuts in Legal Aid.

Hi, thanks for your reply. It is def legal aid, hence the letter from the court asking if I believe she is actually entitled to it.

Comms69

Legal aid is typically only available in such cases for domestic abuse

[Deleted User]

Why would the court write to you asking if you think she’s entitled to it?

bigmaz

Comms69 wrote: »

Legal aid is typically only available in such cases for domestic abuse

Yeah I seen that in the list of qualifying circumstances, that is def not how she got it. Been no domestic abuse.

bigmaz

MarkN88 wrote: »

Why would the court write to you asking if you think she’s entitled to it?

Ask the court... I assume they want to check so that Legal Aid is going to the right people.

[Deleted User]

She would of had to provide evidence of earnings, benefits, savings and property of herself and any partner.

A decision is then made, she can’t just decide she wants it.

If she has been granted it then she must of provided enough evidence to show her entitlement or it would of been declined.

The decision isn’t even made by a court, so I still don’t understand the letter as the decision has nothing to do with you.

bigmaz

MarkN88 wrote: »

She would of had to provide evidence of earnings, benefits, savings and property of herself and any partner.

A decision is then made, she can’t just decide she wants it.

If she has been granted it then she must of provided enough evidence to show her entitlement or it would of been declined.

The decision isn’t even made by a court, so I still don’t understand the letter as the decision has nothing to do with you.

She was receiving benefits a long time ago, maybe when she first got the solicitor she was able to get it and it’s continued?

The letter is from Civil Application Department, it starts off:

Dear sir or madam

INTIMATION OF CIVIL LEGAL AID APPLICATION

And basically asks if I have any comments I want to make about the applicants eligibility for legal aid.

WhenIam64

And even if she does have Legal Aid and not legal aid, it doesn't make a difference.

You can engage your own solicitor at your own expense. If you don't, then the court has rules about accommodating a Litigant in Person, which is what an unrepresented person is.

Seems more about financial advantage that getting to the legal root of the case.

There is a simple rule about courts which is don't go there as you may not like the results. There should have been a mediation stage. What happened?

[Deleted User]

Makes more sense now, I think you get 14 days to respond:

Guidance I found....

“We cannot decide who should win a case – that is the job of the courts. However, you should let us know if you believe that any or all of the following apply:
• The applicant is not eligible financially for legal aid.
• There is no legal basis for the case.
• It is unreasonable to use public funds for the case.
We will use the information you give us to help decide whether we should grant, refuse or withdraw the applicant’s legal aid. Even if we refuse or withdraw legal aid, the applicant may still wish to take the case to court privately.”