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How to get legal aid removed?

  • koeksister
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25 Nov 11 #299567 by koeksister
Topic started by koeksister
My ex husband is in a poorly paid job even though he could earn much more. This is so he can get legal aid. He is seeking to overturn the financial settlement. He did get Legal Aid at the beginning of the case and then the certificate was removed. His solicitor then charged no fees pending a settlement hearing. No settlement was reached and how he has legal aid again. To whom and on what basis should I challenge this certificate? Without the funding he would've dropped the case.

Do solicitors have a lot of say in the process? Can they put "pressure" on the Legal Aid Office?



I am desperate for help as there is nothing on the web.

Thank you so much
:(

  • .Charles
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26 Nov 11 #299617 by .Charles
Reply from .Charles
If your ex is entitled to legal aid, why would this be withdrawn? You are basically saying that your ex should be prevented from pursuing his case on your say so. His position will be that he is entitled to something and is legitimately obtaining legal aid to do this. He will have to repay his legal pays from any settlement in which case I would imagine he is amenable to settlement proposals.

Charles

  • James53
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26 Nov 11 #299618 by James53
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Could you explain what you mean by he is in a low paid job but could earn more. Is he a shelf stacker at Tesco but could work as a brain surgeon if he put his mind to it or he could work more overtime?

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26 Nov 11 #299621 by koeksister
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Do you think that a man that signed 11 pieces of paper to finalise the financial settlement, has an autistic child, lives with his girlfriend but hires a room for appearance's sake and works as a security guard when he was a Manager for the last 14 years earning 30k and now earns 12k, deserve legal aid?
He has not paid any maintenance, and has gone back to court to say that he doesn't remember signing any of the documents although its his signature on the documents?
And the settlement equates to 50k and because I am working I am having to pay legal fees when he has had his fees paid by his solicitor and is now on legal aid!

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26 Nov 11 #299622 by koeksister
Reply from koeksister
He doesn't work for Tescos but he is a security receptionist earning 12k a year in an industry that you can work overtime he chooses to work 9 to 5.

He was a police detective for 20 years, has an IQ of 160 and in the last 14 years has worked as a Manager earning 30k.

And in the last year he went on a 2 week holiday to Africa even though he cant afford to pay maintenance.

I know this normally happens to ex husbands but I am an ex wife that has always been the breadwinner and has an autustic child that I will need to look after for the rest of my life.

Now you dont need to be a brain surgeon to understand it.

  • rubytuesday
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26 Nov 11 #299623 by rubytuesday
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Its not a question of whether you feel he deserves Legal Aid, if he is entitled to receive it, then he can.

The issues you have raised in your post above are a matter for your solicitor to deal with, not the Legal Services Commission.

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26 Nov 11 #299631 by James53
Reply from James53
I have an ex who can equally work but choses to be unemployed, or I should say doesn't declare her cash in hand work. She also got legal aid.
I don't see how you can be critical of somebody who only works 9-5 so he can have a life rather than work 12 hour days 7 days a week to make an ex wife's life easy.
I have worked hard all life, a few years off retirement and would love to take things a bit easier and spend more time with my kids but then I will have get up 5.30 get home 7.00 for well after retirement to make my bone idle ex happy.
The short of is many people either do low paid work because they can't get anything better or they are fiddling. If he is not fiddling then it seems a bit vindictive to remove his legal aid just so he can screwed over.

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