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Legal Aid Refused

  • Rose_stone11
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09 Sep 08 #46862 by Rose_stone11
Topic started by Rose_stone11
Hi all,
I am pretty new to this forum and came here by an accident. I am mother of 2 children aged 10 and 11. I have received Decree Nisi in Februray2008 and after my unreasonable behaviour during mediation now my case is in for Ancillary Relief. I work part time and earn just £1561.08 PA. My ex husband abandoned us in April 2007 but still pays mortgage and £1100.00 child maintenance every month. After Decree Nisi Legal Aid Commission declared that I am not eligible for legal aid. I have some how managed to pay almost £3000 privately to my lawyers now as they are in the middle of exchanging financial settlement forms they want me to pay £3000 more in September. I don’t have any savings I started this part time job just to get away from the home. I am not getting any benefits apart from child tax credit. I don’t know the legal system at all my ex husband is well into the system and making it hard as much as he can. Please help me I hope I am not the only person in this situation there will be so many like me. I am so much lost and don’t know what to do.

  • Angel557
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09 Sep 08 #46875 by Angel557
Reply from Angel557
It's down to your disposable income per month , as you have no mortgage or rent to pay , i think you are going to be above the threshold.

Try the calculator

www.clsdirect.org.uk/en/legalaid/

  • redoctober
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09 Sep 08 #46880 by redoctober
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Hi Rose

and welcome to wiki.

There is unfortunately not a lot you can do to change the mind of the Legal Aid people once you have submitted your form and they have come with an answer.
You can appeal ( I am not sure, but believe there is a time frame for this ). However, their answer - be it positive or negative - could very well arrive after you have been to court.

There are two possibilities here :

- you can do most of the letter writing etc on your own ( with the help of wiki ) and only use the solicitor on an ad hoc basis - as and when you need him/her.

- wiki is about to put up a whole host of information that tells you what you have to do
step by step. This, plus the help available from people here, should be the equivalent of a short, intensive course in divorce proceedings, which is what you need from what you say.

I would encourage you to read up the " Free Resources " section which gives you an outline of the procedure.
It is mostly a question of vocabulary.
If in doubt, ask.
That is what we are here for.

Red XX

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09 Sep 08 #46929 by Rose_stone11
Reply from Rose_stone11
Hello Angel,

Thanks a lot for your promt reply.

Yeah you are pretty right I am above the threshold because the Legal Aid people put the amount of mortgage and £1100 also into my account before making and decesions.

) : why life is so miserable?

  • Rose_stone11
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09 Sep 08 #46930 by Rose_stone11
Reply from Rose_stone11
Hi Red,

I can not thank you enough for your pompt reply.

English is not my first language and financial statement forms and all that maths was so hard to do without the help of lawyers.

I am about to read the ''Free Resources'' section and I will keep you posted.

You are great bless you.

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