legal aid???

[haycal2008]

Just a quicky, my mom is in the middle ov a messy divorce. We have just read in the paper her husband was banned from driving yesterday for drink driving. Will he now qualify for legal aid?

[CAJ1]

I thought legal aid was based on what you earn??

[haycal2008]

so he would be then? he is/was a hgv driver so he will have no job now! Just dont think it is fair he should get rewarded for drinking and driving by having his fee's paid!

[CAJ1]

Ah right, it makes sense now. I honestly don't know but when i needed it and applied they said I earnt a little too much to qualify for it. Therefore, I would assume that if he is earning no money he might be entitled to it, but like I say I'm not entirely sure.

I found this on the citizens advice bureau - maybe it will help, if not contact your local CAB and they should be able to tell you.

http://www.adviceguide.org.uk/index/your_right s/legal_system/help_with_legal_costs.htm#legal _aid

[haycal2008]

thanks, sorry i was talking jibberish at 1st!

[CAJ1]

No problem, hope it helped you.

[4getmenot]

yes if he cant afford the fees himself

[haycal2008]

Dam! thats seams so unfair as my mom is paying her legal fee's and so was he, now he will get rewarded by getting them paid cuz he was an idiot and drove his car drunk oh well! perhaps i should tell my mom to poison sum people in the place where she is chef then she wud get legal aid(joke)! Thanks for the replys x

[Ethel]

It annoys me too - don't forget who pays the legal aid. The tax payer.

I'm paying for his divorce!

[haycal2008]

And me! That also means my mom is paying aswell - twice!! its not the divorce it over the property. They have only been married 6 years and we have lived here for 27 years. He is 10 years younger than my mom and earnt much more money!! He is just out to see what he can get and i would imagine even more so now!!! Its a very long story but moms solicitor has made him a reasonable 2nd offer that he has refussed!

[Octavius]

Legal Aid cannot be used for financial gain as far as I am aware, so if he gains any assets whilst receiving LA, then he may have to pay the LA costs back out of what he is awarded.

If that made any sense at all...

[haycal2008]

Got you...Hope not then! Thanks for all your replysx

[BertiWooster]

I take it he is not your natural father - given the way you refer to him - ' ... her husband .. ' ?

[haycal2008]

No he is not! like i said they have only been married 6 years and were together for 7!

[jedimistress]

Perhaps he can make a claim for spousal maintenance from your mum now.

[haycal2008]

What now they are divorced?? and have been for about 3 months!!

[jedimistress]

From what you say I doubt they have the decree absolute yet. This is why it is ongoing. It sounds as if they are working on their financial settlement. Generally it's once this is agreed will the divorce absolute come through.