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x2b claiming legal aid but living with partner

  • madaboutcars
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19 May 08 #22912 by madaboutcars
Topic started by madaboutcars
Just found out that my x2b applied and was granted legal aid in regards to the divorce.

She is currently on long term maternity leave but lives with her partner who supports her financially.

Can she do this or has she not declared her living situation??

Also - i am applying for AR (she took all the equity from both our homes), will i have to pay any of her costs as she is on legal aid

  • LittleMrMike
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20 May 08 #23016 by LittleMrMike
Reply from LittleMrMike
This is taken from CAB adviceguide.

What are the financial conditions for Legal Help

Legal Help if you're getting benefits

If you’re getting Income Support, income-based Jobseeker’s Allowance or the guarantee credit part of Pension Credit, you’ll automatically qualify for Legal Help. Also, you'll automatically qualify for Legal Help for asylum and immigration matters if you're an asylum seeker getting government asylum support. Otherwise you have to meet both income and capital conditions.

Legal Help if you have income

If your gross monthly income is over £2,530 you won't get Legal Help. 'Gross income' means before tax and national insurance are taken off and it excludes certain social security benefits. If you have more than four children, this limit goes up by £211 for the fifth and each additional child. You have to include your partner's income unless your partner is the person who you are in dispute with.

If your gross monthly income is £2,530 or less, your solicitor or adviser will then check out what is your disposable income. 'Disposable income' is the amount of income you have left after deductions have been made for national insurance, child support and tax. Also, if you have a partner who isn't earning or if you have children, a certain amount of your income won't be taken into account. If your partner is earning, their income will be taken into account, unless your partner is the person who you are in dispute with.

To qualify for Legal Help, your disposable monthly income can't be more than £698. If you are within this limit, you don't have to pay anything towards Legal Help.

Legal Help if you have capital

If you have disposable capital (savings) of over £8,000, you won't get Legal Help. Disposable capital includes:

* money in the bank
* valuable items
* the value of your home (if you own it). This depends on how much the property is worth and how much your mortgage is.

You have to include your partner's capital unless your partner is the person who you are in dispute with.

If you're getting Income Support, Income-based Jobseeker's Allowance or the guarantee credit part of Pension Credit, you'll automatically get Legal Help regardless of the value of your home or of any other capital you have.

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