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How to get legal aid removed?

  • when will it all end?!
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26 Nov 11 #299638 by when will it all end?!
Reply from when will it all end?!
Whilst I sympathise with your situation (been there) it's unfortunately not for you or the courts to demand that someone finds a more well paid job/works overtime.

He is just as entitled to work as a security guard as you would be to quit your job and claim benefits - there's nothing you can do about it.

Rather than wasting your time with battles over legal aid etc I would try to get things sorted in court as quickly as possible to save on solicitor fees for yourself.

And if he's not paying maintenance towards your child contact the CSA asap.

Good luck

  • Forseti
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26 Nov 11 #299642 by Forseti
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I think an attempt to interfere with someone's right to legal aid will be seen by a court as an attempt to obstruct their right to legal representation and their right of access to justice. It could badly backfire.

  • koeksister
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26 Nov 11 #299644 by koeksister
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James, the problem with divorced folk is they take everything personally.
The question I should have asked is . has anyone been successful at challenging their ex spouse's legal aid?

Divorced people don't have to be victims, they can choose to stand up for what is right and proper!

  • .Charles
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26 Nov 11 #299653 by .Charles
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Yes, there have been successful challenges to legal aid but they are few and far between. Most challenges are based on false information.

The reasons you have stated, such as your ex could obtain higher paid work, will not make a difference. He is earning a low wage such that he is entitled to assistance.

Successful challenges to funding are usually based on uncovering a fraudulent application or are based on merits where a person is being unreasonable in their stance towards proceedings. The LSC will not fund a person's case unnecessarily.

Charles

  • escaped
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26 Nov 11 #299690 by escaped
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I know this is off topic, but have you applied to CSA to get some maintenance, at least that would be something for the time being to support you and your child.

Hugs
Escaped

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27 Nov 11 #299716 by koeksister
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I was divorced in December 2009 and maintenance was agreed but he never paid. I earn a lot more than him and so for a quiet life I didnt pursue it.

He initiated the court action and if it wasnt for legal aid the case wouldnt have gone anywhere. He is playing the system and thanks to all the good advice I have got, I now have a plan of action.:lol:

  • acfair
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07 Dec 11 #301057 by acfair
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I have an ex who put himself on benefits and then got legal aid to "win" 30% share in my house although I was never married to him and I paid for everything - mortgage, deposit, household bills and childcare as I work full time as a teacher.

As a result of the Judgement, I now have to pay his legal costs which initially were £16,500 legal aid but because he won the 30% (£37,500) I now have to pay his legal costs of £55,000 (his solicitors can now charge private law rates)as well as my own!

And he isnt required to pay maintenance for his two sons because he is on benefits.


So he puts me into consiserable debt as I have had to remortgage and doesnt pay a penny to his own children. Tell me if that's fair!!

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