worlybear Posted August 31, 2010 Posted August 31, 2010 Just found out from my solicitor that my ex has got legal aid for the divorce. He is working f/t as a teacher and his new partner is working as a school secretary. When I originally applied (I was teaching 4 days a week), I was earning too much(!!) to get legal aid. I know that he will be earning at least as much as I did, so how the hell has he managed to get legal aid?? Is it possible to cheat the system- and if so who do I inform??? I have been told by my solicitor not to do any casual teaching work as it could mess up my legal aid application-so I am on minimal benefits. I just don't understand it!! What the hell is going on?
phineas Posted August 31, 2010 Posted August 31, 2010 I would tell your lawyer he's posibly cheating the lawyer. But people cheat the system here all the time. I know of a few guys working under the table, claiming a fraction of the money they actually make in order to pay less child support. And they get away with it.
Green Posted August 31, 2010 Posted August 31, 2010 In the USA its pretty easy to cheat the system. All you have to do in my state is say you can't aford legal services and they just believe you. That means any one who lies about it has a good chance of getting away with it.
Taramere Posted August 31, 2010 Posted August 31, 2010 Just found out from my solicitor that my ex has got legal aid for the divorce. He is working f/t as a teacher and his new partner is working as a school secretary. When I originally applied (I was teaching 4 days a week), I was earning too much(!!) to get legal aid. I know that he will be earning at least as much as I did, so how the hell has he managed to get legal aid?? Is it possible to cheat the system- and if so who do I inform??? I have been told by my solicitor not to do any casual teaching work as it could mess up my legal aid application-so I am on minimal benefits. I just don't understand it!! What the hell is going on? Worly bear, why aren't you directing questions like this to your solicitor? Is there a communication problem there? Your solicitor can write to the Legal Aid board to advise them of your ex's circumstances and query the legal aid award if you think it's wrong...but he/she should be telling you that. Casual work doesn't necessarily stop you from getting legal aid. You can do some work and still have an entitlement - and it's not really for your solicitor to dictate your life in that way (though obviously they don't want you saddled with a massive legal bill). I'd suggest you go to the legal aid website and have a look at the eligibility section. If you've got a fair idea of what you would earn through casual work, that should give you an idea of whether you'd still be entitled to legal aid while working.
willowthewisp Posted August 31, 2010 Posted August 31, 2010 Legal aid in the UK takes account of all outgoings, so mortgage payments, debts, child maintainance etc. Although your H may be earing more than you because he is doing the same job as you but full time whereas you are part time, he may have more out goings than you? Regardless, legal aid is effectively a loan in the sense that if he recovers anything form the divorce in terms of assets, he will be expected to pay his legal fees back at the standard rate that his solicitor charges. If you do think, however, that he is making a fraudulent claim for legal aid then you need to tell your solicitor immediately. That is a serious offence and one that can carry a prison sentance. Your solicitor will be able to take the suspicion further if they beleive there is a strong possibility.
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