Legal Help

[baz36]

Hi all, 4 months in to IVA and all going well, but i now have problems with ex husband and child access and child issues etc, + have just remarried and husband is looking to adopt my son, therefore are needing solicitors help.........

anybody know if when you are in IVA you get legal aid?

im sure i read somehwhere that is it based on your joint income, taking of outgoings etc......therefore basically using your disposable income (which obviously coz of the IVA is nothing)

I have an appointment tomorrow for a free half hour with a solicitor who will go through legal aid with me but wondered if any of you guys knew............

thanks everso

jo

[MelanieGiles]

Hi baz36

I can see no reason why you would not qualify for legal aid whilst in an IVA, as this is based upon earnings rather than other measures. But I am not an expert on the workings of the legal aid system, and if Gizmo is around looking in she may be able to assist.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Kiska]

hi,
i too have had the problem with child maintance. it was reduced by over £100 per month and i know the full earnings are not being disclosed. i hate to be the bearer of bad news but i couldn't get legal aid. the IVA was not taken into account. they look at joint incomes before any bills etc.. we earned about £60 too much. so there was nothing i could do except accept new payments. he is a company director and rents out aprox 7 houses but does not disclose them. any one know a way i can get him? this has really affected my IVA paymen affordability...

[MelanieGiles]

What are the CSA doing about this? Surely they have a responsibility to verify this information.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Kiska]

they said they needed proof but he is being very good at hiding it. my daughter tells me bits and he once had a web site advertising the properties but once she found it he removed it. its put a real strain on our left financies...

[MelanieGiles]

Get the addresses and perform an online HM Land Registry search. This costs £4 per property, the results are instant, and you can produce your findings as evidence to the CSA. Of course property ownership does not automatically mean assets or cash!

Alternatively you can ask for a written search by providing his name to the nearest Land Registry office in the area he lives - again you can find these details on line.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Kiska]

thanks melanie,
never thought of giving that a go. he drives a big flash car and lives in a 5 bedroom house but he is claiming he earns about £50 more than me. even with no debt i couldn't arrord that.

[MelanieGiles]

Big flash cars may well be financed up to the hilt, and houses mortgaged - but I certainly think you need to do your own investigatory work and see if you can find real proof of assets he may not have disclosed.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Kiska]

how could i find out his true earnings? if any?

[MelanieGiles]

Is he a director of a limited company? If so, this information is a matter of public record at Companies House. Failing that, it will be difficult to find out.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk