Legal aid question

[keepingupwiththejoneses]

While seeing a solicitor today regarding a divorce, she filled in the online calculator with me and even though I am not working and only have our family benefits as income, I am not entitled to legal aid. I am now confused as I went home and filled the same one in and it says I am based on the benefits that I would receive after he left. Is it possible to do the calculation based on that figure as the first thing we are going to do is try and get him out as I will be filling under reasons of behaviour.

[Collaborate]

Maybe you're not paying any housing costs right now? Or you have capital that makes you ineligible?

You'd have to post all of the figures.

[mumblechum1]

Maybe you have more than £100k equity in the house?

[keepingupwiththejoneses]

No none of those. I am currently receiving CA, TC and CB-
all per week
CA 58.45
TC 337.05
CB 33.70

I currently have 70 ccj payments and 300 mortgage.
with 2 children.
One he has left TC will reduce to 242 and I will receive 40.50 income support which I know automatically entitles me to legal aid. However my question is, can it be done on what I will receive during the process?

[cantfindamnnickname]

She cant work it out on what you may receive in the future - its as your income stands as at today - go back to the online calculator and see if that makes a difference.
Pretty sure that ccj isnt included in the figures

[keepingupwiththejoneses]

No I am £200 over. The ccj is as it is a court order. Great I can't go anywhere with this. I am now trapped in this marriage.

[mumblechum1]

No you aren't! You can issue the petition yourself and start off the disclosure procedure (filling in Form E) without a solicitor. Then when the situ changes and you're on income support you can apply for public funding.

[keepingupwiththejoneses]

I don't think it is that easy. We where married in dominican republic and he has hidden our marriage certificate. To be honest I wouldn't know where to start anyway.

[mumblechum1]

Well, it's up to you, tbh. If you're desperate to divorce him, it's perfectly possible to at least do that part ( but don't apply for decree ab solute until all finances sorted out).

There will be a way to get a duplicate of the marriage certificate. If you got married there as part of a wedding package through a travel agent there will be records, or you could try contacting the DR embassy in London for advice.

[cantfindamnnickname]

well then wait for another 3 months and then go back to Solicitor with your new income.
or do it yourself - its easy - get a copy of marriage certificate and its basically fill a form in

[Cashncarry]

Hi Keeping, I found you again! Is the "CA" reference Carer's Allowance - I thought that wasn't included in the calculation of income for the legal aid assessment. I'll try to find the relevant rule but maybe the others can correct me if I'm wrong...

[Cashncarry]

If you go down to Rule 5.4 on this page [http://calculator.communitylegaladvice.org.uk/ecalc/guidance.asp]] under the heading Disregarded Income, it gives a list of the benefits which don't count for the purposes of the Legal Help assessment.

Bit of a longshot though as your solicitor probably checked when she was doing her calculations. Have you asked what her private fees are? Some firms are starting to set out a different fees schedule for those on lower incomes who don't qualify for legal aid. I don't know much about it but it seems like a good idea and might give you something to help you move the divorce forward until such time as you qualify for legal aid.

[Cashncarry]

Oh bugger link didn't work, try this

calculator.communitylegaladvice.org.uk/ecalc/guidance.asp

[keepingupwiththejoneses]

Hi Cash, She has said she will do fixed fee's but to check with tax credits to see if they would do my single claim now, they have said no!
Carers allowance is taken into account as it is a taxable income She gave me the calculator link from the legal commission which I have tried. My tax credits have changed as of this week but I am still 150 over. I am going to speak to my mum when she get back, spoke to her last night and she said we can sort something out.

[Cashncarry]

Keeping, I really hate to disagree with your solicitor but that document I linked is straight from the Legal Services Commission website so I presume it's totally up to date. Going by your figures if your CA is disregarded income, it might mean you qualify. May be its worth emailing her the link to the doc and asking her to clarify?

Of course it's equally possible I'm wrong so maybe one of the family lawyers on here could confirm either way...