Legal Aid system, I don't understand it, help please?

[mummytowillow]

Posted this in AIBU, but was told to come over here!

I went to see a solicitor today to see if I can get help to sort out contact problems with my daughters dad. We did the Legal Aid assessment and she said I had too much disposable income, so don't qualify!

It was worked out I have £953 disposable income, I bloody wish, I wouldn't be constantly asking my parents for help with money if I had that much!

She only asked about my rent, child maintenance, child benefit and tax credits? Nothing about bills, council tax, etc? I don't pay childcare as I work part time.

However, I've been on two different legal aid calculators, even one the solicitor fills in and it says I do qualify ....? She also said they take the housing benefit I get off my rent when it calculated, but I read it different on the calculator as it said housing benefit is disreguarded for this purpose.

She also 'assumed' I was on income support and I said no I work actually! (I know I was being sensitive)!!

If I have to pay for my legal advice its £145 an hour, which I don't have the money for

So I'm left with a daughter who is so sad because her Daddy keeps letting her down and does nothing but mess us about, and I can't do anything about it?

I understand he can't be forced to see her, but I want defined contact so he will hopefully stop messing us about?

Any words of wisdom please?

Your solicitor is correct. You take your gross monthly income, deduct tax and NI, rent or mortgage, and around £282 for each child, and £45 for work expenses. If what is left is less than £733 you'll qualify on financial grounds (but will be withdrawn for new cases after October if the bill going through Parliament isn't amended/stopped).

The £733 is meant to pay for food, clothes and household bills for you. The only rent taken off is the rent you actually pay. If your rent is £500 yet you get £300 HB, you can only deduct £200 as your rent.

mummytowillow - does your monthly income fluctuate at all? If it does, have any of the previous three months' payslips been substantially lower than the one you presented to the solicitor today? Or will any payslips in the next couple of months be a hundred odd pounds lower? If that's the case, I think there's nothing to stop you being re-assessed using the lower payslip when it becomes available. (That used to be the case anyway - hopefully Collaborate will correct me if I'm wrong).

Think long & hard about going to court - as you say, your ex can't be forced to stick to times or to see her at all. I know it's hard but even with a contact order he could let her down. My ex rings the kids when he can be bothered to see them & they say yea or nay depending on what they are doing.