Legal Aid Ontario Eligibility

[Looking2DaFuture]

Hi folks, I have two questions regarding Legal Aid eligibility for anyone with extensive knowledge/experience with LAO

First a little background: Ex and I were together for 14 yrs. We have a teenage daughter and preteen son. Ex developed mental health problems severe enough to warrant CPP permanent disability. Mental health issues impacted every facet of our lives (including her at one point attempting to pin a false DV charge on me that was dismissed by the officers who responded) and caused the breakdown of our marriage. We separated in the fall of ’11, with me leaving the children with her. At this time last year CAS stepped in and placed the children in my custody, and I’ve had them ever since. I filed an Application with the courts for sole custody shortly after they came to live with me. We had our first Case Conference last December, and I am now going through the process with the Children’s Lawyer.

Question 1: This past winter I briefly dated a woman who was divorced/3 kids residing with her. She was in the process of taking her ex back to court to try and obtain additional support to cover the kids ‘extraordinary expenses’ (numerous extracurricular activities). She received her Legal Aid certificate to begin proceedings. Now, her employment income was much higher than the eligibility requirements listed on the LAO website. She claimed that although she was above the threshold the income requirements were ‘suspended’ as her ex-husband was abusive; the insinuation being that because she came from an abusive relationship the eligibility requirements were waived. Is this really the case?? And if true, what is to stop anyone from walking into an LAO office regardless of income, claim abuse and get free legal help?

Question 2: Because my ex was on CPP permanent disability for the previous 6 years of our marriage she qualified last year for a Legal Aid certificate (right before CAS took the children from her). I have a half-decent job and therefore have my own lawyer I pay for (and am struggling financially as a result). However last summer/fall the ex began working two part time jobs and has been with both for several months now (and is no longer on CPP permanent disability). Her income is now slightly more than double the eligibility requirements for a Legal Aid certificate. I understand LAO conducts an ‘audit’ of sorts every year to check income changes etc. Her review then would be sometime this month. Is it possible she could lose her certificate? Or because she ‘was in an abusive relationship’ as claimed in her court docs will she get to keep her certificate? I am getting pummeled in legal costs in trying to keep my children; her having to pay for her own lawyer would end this real quick…

[SadAndTired]

I seem to be one of the few posters on here who receive legal aid. I am likely the only one who receives legal aid without any domestic violence claim.

When I applied, the worker must have asked me five different ways if there was any abuse in our relationship.

"Was there any violence in your marriage?" "No."

A little later "So, there was no abuse of any kind?" "No."

"What about emotional abuse? Do you understand what emotional abuse means?" Geez..... I don't think I would have had to provide any "proof" of any kind. I imagine that means anyone could claim abuse....

My own lawyer has provided with me with an accounting of my legal aid bill and has spoke of the auditing process. If your ex has not claimed abuse, her income will create a situation where she is required to make a pro-rated payment (she may not have to pay the entire hourly amount) or have her certificate revoked entirely if she makes too much.

I do think that if she has claimed abuse then she is covered no matter her income but I could be wrong. Sorry I can't help more. Maybe others here will have more info.

[mom2three]

You must meet financial eligibility requirements to procure legal aid.

If she already has a certificate, it does get reviewed BUT it is her obligation to contact legal aid when there is a change of status. If she doesn't she could lose her certificate.

If someone has a legal aid certificate and that persons income is above the thresholds, he/she may have been approved by entering into a contribution agreement, which has nothing to do with domestic violence.

I have a legal aid certificate. I entered into a contribution agreement. When I applied and I set out my facts, no one asked about domestic violence in five different ways. Domestic violence is, to the best of my knowledge, NOT a factor determining eligibility. Just sent my lawyer a text to find out - will be interesting to see what she says.

[SadAndTired]

Legal Aid Ontario: Getting Legal Help

Although it says that anyone experiencing domestic violence can get a two hour free consultation, the website also says

Family law legal aid coverage

Legal Aid Ontario family law coverage is available for clients who are financially eligible and are experiencing domestic violence for all contested issues and changes (variations) to existing family court orders. Call our toll-free number at 1-800-668-8258 for more information.

So I guess mom2three is right that she still needs to meet eligibility.

[Looking2DaFuture]

Thanks Mom2three...will be very interesting to see what your lawyer says.

I dunno...lots of funny stuff with the ex and her finances. For instance she received (right before our Case Conference) a fairly substantial auto insurance settlement from injuries sustained a few years ago. However, it was not disclosed/revealed in her Financial Statement. I know I am not entitled to it (same as an inheritance - I only found out about it through my insurance company as it was my policy it was paid out under) but was surprised it was not disclosed to me/my lawyer. Would that settlement have affected her Legal Aid certificate eligibility? I bet anything she didn't tell them about it...I had to get a court order to get full disclosure on her outstanding debts, as she hid a lot of that as well.

[mom2three]

Thanks Mom2three...will be very interesting to see what your lawyer says.

I dunno...lots of funny stuff with the ex and her finances. For instance she received (right before our Case Conference) a fairly substantial auto insurance settlement from injuries sustained a few years ago. However, it was not disclosed/revealed in her Financial Statement. I know I am not entitled to it (same as an inheritance - I only found out about it through my insurance company as it was my policy it was paid out under) but was surprised it was not disclosed to me/my lawyer. Would that settlement have affected her Legal Aid certificate eligibility? I bet anything she didn't tell them about it...I had to get a court order to get full disclosure on her outstanding debts, as she hid a lot of that as well.

If her financial statement was filed prior to her receipt of the settlement funds then she has not done anything wrong. That being said, many people lie on their financial disclosure.

Whether her lies will catch up to her is really her business. She has employed Legal Aid, not you. She has the responsibility of informing them of any changes, not you. Sucks, yes, because it is taxpayers money.

But if she does not do anything, there is not much your lawyer can do except have have her examined on her affidavit evidence (which includes financials).

[Looking2DaFuture]

It is just tough to have to sit there and bleed out trying to pay your lawyer while your ex may/may not be actually eligible for Legal Aid and floats along continuing a legal battle that on paper is simply mine to lose. I think I have read on these boards about someone commenting a strategy some Legal Aid lawyers may employ is to keep the fight going as long as possible to try and financially drain the other party who is paying a lawyer...to the point they simply give up.

Maybe I am just getting bitter in my old age Still sucks though...