a question for family lawyers in divorce

[greenberet]

If you are representing a client in divorce proceedings are you expected to know the eligibility rules for working tax credits and based on your clients circumstances know whether they are eligible or not or would you just tell your client to apply for them regardless

thanks

Right now, as Universal Credit is being rolled out, the whole system is in a bit of a mess. A family lawyer is not expected to be a benefits expert, but as familylawsolicitor says, they are expected to flag up where a claim might be a good idea.

But the advice they give is not always accurate- fair enough, they're not benefits advisors.

i accept that they are not experts on benefits but if benefits are being included as part of a settlement would they not be required to have some basic working knowledge.

in my case spousal was being talked about - with other side saying I could apply for tax credits and therefore reduce the need for spousal maintenance.

my circumstances were that in one tax year my total income exceeded the limit and therefore i was not eligible on this basis, my employment was with the jointly owned company which was due to cease on divorce and regardless of these my X would not confirm a number of working hours which would need to be in excess of 30 hrs due to my age to qualify as it was not a proper job but a "tax dodge" - his words.

my solicitor did not pick up on any of these points and hence did not challange what the x's solicitor was saying. she just told me to apply.

I am not an expert either but I am capable of reading the eligibility rules when my depression allows me the capacity to focus on detail - this is what i was paying her to do.

maybe my expectations are too high!

i accept that they are not experts on benefits but if benefits are being included as part of a settlement would they not be required to have some basic working knowledge.

Yes - they need enough to flag it up as an issue so that you can see a benefits specialist and get an answer. Have you seen the size of welfare benefit law text books? They're massive.