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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8564
Experience:  I have been practising for 30 years.
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I am a debt coach with the charity Christians Against

Customer Question

I am a debt coach with the charity Christians Against Poverty. We provide a free confidently service to clients to help them become debt free.This is achieved by obtaining all their financial details, negotiating with creditors and providing them with a budget.One of the requirements on clients is that they must not take out any more credit.
I have a divorced mother with 2 kids as a client and her income is largely dependent and maintenance payments from her ex husband both for her and her 2 kids as agreed as part of the divorce settlement. Her ex has now remarried and Has a child to his new wife and has now commenced legal action in the High Court in Belfast to reduce the period of payment of his ex wife's part to the maintenance payment. Estimated legal COSTS ARE £2000 and she cannot under her agreement take out more credit is there any where she can get legal aid.
angus cuthbert
Submitted: 4 months ago.
Category: Law
Customer: replied 3 months ago.
hi,
Hope reply to my question will soon be available as I would wish to speak to my client soon.
Angus cuthbert
Expert:  Nicola-mod replied 3 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 months ago.
Hi Nicola,
Please keep looking for an answer to my question or if you have any other advice re legal aid or any other type of financial support for my client as it would be of great benefit if she could obtain legal support at her court case either through representation on the day of the court hearing or providing written represenation based on the affidivit.
Look forward to hearing from you again. I may give you a call on monday
angus cuthbert
Expert:  Nicola-mod replied 3 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 3 months ago.

I see you have been waiting for some time. I will try to assist you.

Unfortunately, there is now only legal aid in family matters for child abduction and domestic violence.it would not be available in these circumstances regardless of her financial position.

The Citizens Advice Bureau may be able to assist and there is no reason why this lady cannot deal with this herself.

If she goes to court and she loses, in the family court, costs are rarely awarded against the losing side so, whilst her ex would have to pay his legal costs, she would not have to pay anything, she would just have to deal with the paperwork and she can do that by submitting questions regarding the paperwork on this site. That is going to cost her a tiny fraction of what it would cost to instruct solicitors.

Can I clarify anything else for you?

Customer: replied 3 months ago.
hi,
My understanding is that this case is not going to a family Court but the High Court in Belfast and hence your remarks re costs may not b e relevant.
My clients only income is her maintenance payments plus socials benefits linked to her two children and to me it is a case of the financially strong versus the financially weak and what you are saying is that no support with this court action is available to her except Citizens Advice Bureau.Can you give any idea what help maybe available from CAB.
Very Many thanks
Expert:  F E Smith replied 3 months ago.

I did the logical thing and rang the NI Legal Services Commission and after waiting for 15 minutes on the telephone, I gave up. The situation is different in NI than it is on the mainland

So I then rang this firm of solicitors and spoke to a very helpful solicitor, ***** *****e confirmed that it may be available for this subject to financial circumstances.

http://www.bernardcampbell.co.uk/family-law/

Perhaps the lady would like to give her a call

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