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garnet
journeyman


Reged: 01/02/08
Posts: 51
poor person relief
      #619096 - 01/08/10 10:33 PM

What is the standard for receiving a court apointed lawyer in custody matters on the basis of financial hardship? (in NY if it matters.) I have a decent income, but a ton of debt, so I don't know how that would get factored if I make an application. I've tried researching, but just find info with the forms for making the application, not the actual standards/analysis once the papers are submitted.

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googledad
Carpal \'Tunnel
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Reged: 12/31/05
Posts: 10213
Re: poor person relief [Re: garnet]
      #619106 - 01/08/10 11:25 PM

Income , not debt , is the determining factor .

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preemiemom
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Reged: 01/17/07
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Re: poor person relief [Re: googledad]
      #619154 - 01/09/10 11:31 AM

[quote]Income , not debt , is the determining factor . [/quote]

----------->> Is that really the case Google? That's not a belligerent, "you don't know what you're talking about" question, I really NEED to know for personal reference. Do they JUST take into account income? What if the person hides an income?

I was told that if you went to court without an attorney, the court would advise you of your right to have an attorney, if you claim you "can't afford" one, they'd send you out to talk to the Legal Bureau or whatever it is, who would do an "assessment" of your ability to have an attorney. If they determined you couldn't "afford" one, they'd give you one. If they determined you COULD and said you could NOT, then a) you're not getting an attorney and b) it is one strike against you in court since you've essentially already misrepresented yourself to the court.


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googledad
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Re: poor person relief [Re: preemiemom]
      #619155 - 01/09/10 11:44 AM

Is that really the case Google?

>>>>>>>>> Yes , as a percentage of federal poverty level , in my county legal assistance is unavailable to anyone with an income of 125% of federal poverty level . In other jurisdictions the guidelines go as high as 250% of FPL . There are other programs wthout restriction but also have conditions , domestic abuse , elder law , HIV positive , etc .

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preemiemom
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Re: poor person relief [Re: googledad]
      #619166 - 01/09/10 12:38 PM

Ah, okay, thank you very much :) Do you think that is universal across NY State, or do you think it is county specific? I haven't been able to really find anything on it, in general, other than "it may be an option" and that's about it :(

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Redlegg
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Re: poor person relief [Re: preemiemom]
      #619176 - 01/09/10 02:06 PM

w ww.nysda.org/elig_toc.htm

Do not know if it is still pertinent, but I found this...


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garnet
journeyman


Reged: 01/02/08
Posts: 51
Re: poor person relief [Re: Redlegg]
      #619214 - 01/09/10 05:13 PM

Googledad - what county are you in? I'm in NY County and wonder if it is the same standard.

Redlegg - thanks for the info. I wonder if they use the same standards in matrimonial matters that they use in criminal matters, since the link seems to deal with criminal representation.

I don't want to waste the court's time with an application if I won't qualify, but if there is a chance I can get a lawyer I would be a fool not to take it.


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preemiemom
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Re: poor person relief [Re: garnet]
      #619222 - 01/09/10 05:24 PM

From what Google says, doesn't seem to matter? I am going to guess that the same standards apply, and the poverty level standard is pretty low and that's INCOME based only, not what your expenses are versus that income, which is true of child support calcs as well. Court doesn't care what you owe, it only cares what you have coming in.

Like my ex, I'm guessing his 2009 income is about $67-70,000. He bankrupted all his debt, but yet, doesn't have an attorney. At that level of income, if he said "I can't afford an attorney" and they sent him out? They, I'm guessing, would laugh in his face and then that looks bad in the court that he essentially "lied" and said he could not "afford" an attorney. My income is higher than his; however, I have like... ten times??.. the debt load he does. I still gave an attorney $8,000 to handle my case. And my ultimate "net" income? Is wayyyyyy less than his.


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Redlegg
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Re: poor person relief [Re: preemiemom]
      #619236 - 01/09/10 06:36 PM

I may be totally in the dark on this, but in criminal matters, the state is prosecuting, and it is designed to protect you from the government doing a run around on due process. It may be very very different for a civil matter.

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googledad
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Re: poor person relief [Re: preemiemom]
      #619446 - 01/10/10 01:16 AM

Ah, okay, thank you very much :) Do you think that is universal across NY State, or do you think it is county specific? I haven't been able to really find anything on it, in general, other than "it may be an option" and that's about it :(

>>>>>>>>> Everything is county specific ( or several counties depending on the area , sometimes statewide for specific cause ) . The ABA provides a listing for pro bono providers in the state , income ( and assets ) determine eligibility . No idea how often the site is updated but you can find it here :

[censored]://[censored].abanet.org/legalservices/probono/directory/newyork.html

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