legal aid for custody battles

[TwinSetAndPearls]

My ex gets paid cash in hand to escape the csa, he has now found out that he is entitled to legal aid as his official income is so low.

Last night he told me that he is going to take me to court for custody, even though he knows he has no chance in winning just because it will cost him nothing and may cost us a fortune.

Can he get legal aid for a case he stands no chance of winning? If he does start a case am I bound then to instruct a solicitor at great expense to myself and my partner? Does anyone know what the cut off point is for legal aid, as we no longer recive maintenance we are living on one income with a relatively high mortage and outgoings, included my ex debts that we have been lumbered with. Does legal aid work on how much you have coming in or how much you have left once you have paid your essential bills which for us isn't much at the moment?

Legal aid is based not only on income, but also takes into account any equity you have in your property. So, even if you qualify on the basis of your income, you may find that you are excluded because you have more than (I think) £100,000 equity in your home.

If you find a solicitor who specialises in family matters and who still does legal aid (there aren't many left these days unfortunately), get them to assess you to see if you qualify.

Also, legal aid will depend partly on the merits of the case. The legal services commission will not award legal aid for a case which clearly has no merit, so raise that with your solicitor to see if they think your ex has any chance of getting legal aid.

I'd also report his employer for paying him cash in hand. And him, too, to the IR for tax evasion.

Funny, I was thinking that too. If the CSA are so cr*p that they can't work out his actual income, I'm sure the IR would be interested as, presumably, tax is not being paid on the cash element.

Then I'd countersue him for back maintenance on top of all the tax and penalties he owes. Also, cash in hand and not paying tax constitutes fraud, which is a punishable offense.

I have reported it to the inland revenue, they are very interested as the company his family own is a very large company and they have done all sorts to fiddle the tax. But these things take time.

I am not bothered by the maintenance issue to be honest we get by without it and i find it demeaning to beg for a money off a man who clearly has no desire to support his daughter. I am bothered by bothered by the prospect of having to fight a bitter custody battle and how much it could end up costing me.

We have about 40-50K equity in our house.

I am getting legal aid at the moment we were rejected but my solicitor appealed on the grounds that I was awarded legal aid ( was a single mum on benefits then) for my divorce and to tie up financial matters so I should keep my legal aid until that is finished even though was living with dp. We kept the legal aid but were told it would not stand if a new case was started. A custody case would be a new one so I would imagine we would hvae to make a new application for legal aid.

expatinscotland - he has actually pursued me for maintenance! he managed to get his new lower wage backdated a whole year, his assessment was changed from £120 a week to £5 a week. I am having to pay back any maintenance he has given me over that amount for the whole year. He didn't pay every month but we are still hvaing to pay a few thousand back to him.

Think it's time to send the IR another letter about his tax evasion, TSAP.