WHO WRITES THIS BLOG

I am a parent probably much like you. I have combined experience of family court and criminal law enforcement based background . I have done additional training in supporting people with mental health issues.
I am a now a Mckenzie Friend assisting in Family Court.

You are welcome to contact me on familycourtwithoutsolicitor@gmail.com or https://twitter.com/familymckenzie. If you leave a phone number I will call back

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8 April 2015

Do I have to pay court fees?

 Not necessarily if  you are claiming benefits or on a low income. You may be able to get all or part of your court fees paid (remission)  The form you need to complete is can be a little confusing though. So I thought I could give the benefit of my experience of completing it a number of times under different circumstances. This cannot cover every scenario so if what I say does not apply to you and you are confused please contact me or try to get help from elsewhere such as Citizen's Advice Bureau. 

The basics:
It is easier if possible to complete the form on a computer, if not it must be filled in with black ink and in CAPITAL letters.

If you are receiving benefits you must have an original letter of proof no older than one month old. The DWP will provide this, but  at time of writing local offices are not supposed to do so now so you may have to phone a regional office and wait for it to come through the post. However if you ask very nicely and explain that it is for court in practice local offices will sometimes provide the letter .  If you are wishing to appeal , you only have 21 days to do so, it is very important to get this letter as soon as you can.

If you are part of a couple you must enter both peoples income, unless you have a contrary interest, e.g you are divorcing 


Examples 

Peter has a long term health problem and is in receipt of ESA. He lives in a rented property, has a car and has no savings. Peter needs his car so that does not count as disposable capital and he checks that his ESA is income related. He obtains a letter from the DWP, emphasising to them that it must state that his ESA is income related and is entitled to a full fee remission.

Luke has split up with his wife , she is still living in the marital home which is mortgaged, with their children. He has no other capital.He pays child maintenance and is in a part time job, and claims Working Tax Credit his gross( before tax and other deductions) is £985 per month. Luke will have to provide  proof of child maintenance payments, his last months pay slip, his last three months of bank statements and a letter dated within the last month confirming his tax credit. As his wife is still living in the marital home,there is a contrary interest the value of the home does not count as disposable capital. He also will be entitled to full fee remission.

Sally is single and owns her own home with no mortgage she earns a gross monthly income of £1600 .  She receives no other income.That takes her above the full remission threshold for a single person of £1085 per month. However if she used Fee remissions contribution calculator she may get a partial fee remission as she is below the upper income limit of £5,085 per month.

Court fees are expensive it is well worth the time to fill in the form.If you are applying to court in an emergency you may receive a fee remission without initially provided evidence of income.





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