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Recovering costs awarded against legally aided person

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  • Recovering costs awarded against legally aided person

    Hi

    My father who is over 80 years of age was an intervenor in my divorce proceedings, as he owned a share of the family home and the ex wife was disputing this. My father didn't have legal aid and had to spend over £10,000 in legal fee's, he won and costs were awarded to him against my ex.

    Now that the rest of the financial remedy proceedings have finished, the outcome of that was that I was to pay the ex a lump sum in the next 3 years for her share of the house, after all shared debts were removed, the amount would be roughly 10% of the value of the home.

    My father has since dispensed with his solicitors as they took over a year to do anything about recovering the costs, he then contacted the ex's solicitors to recover the costs and they have agreed to pay the necessary amount, but have said that the legal aid agency has first claim to the money, which will take pretty much all of the money I have to give to her. She has proposed to repay the money owed at £20 a month, which by my rough calculations will take over 30 years and my father is already in very bad health.

    My question is does my father have any way of asking the court to pay him first, or can I deduct the money I have to pay her as agreed in the court settlement order, as I gave the money to my father in the first place to pay his legal bills and then deduct it from the amount I give her?

    My ex is on benefits, but receives over £20,000 a year in benefits and was taking £500 a month in cash out along with paying all the shopping on her cards when I saw her financial disclosures, so I know she is hiding money in a family members account, but obviously I can't prove it. I personally lent my father the money to help pay his legal bill
    Tags: None

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