Navigating the legal system can be financially and emotionally draining, especially for separated parents dealing with disputes in the Family Court. If you’ve incurred legal aid debt and are finding it challenging to manage, you may be eligible to apply for a write-off of your legal aid fees. The following information has been provided by the Legal Aid Services office to guide you through the process.
When Can You Apply to Write Off Legal Aid Debt?
You can apply to write off your legal aid debt under one or both of the following reasons:
1. Serious Financial Hardship
If you’re unable to pay off your legal aid debt over the long term due to financial constraints, you can apply under this category. To do so:
- Complete a means assessment, detailing your income and its sources (e.g., employer name or type of benefit received).
- Provide a clear picture of your financial situation to demonstrate the difficulty in repaying the debt.
2. Other Reasons (“Just and Equitable Grounds”)
This category allows you to apply for a write-off based on other justified circumstances. Examples include:
- Increased costs due to the actions of the other party. For instance, delays or complications caused by the other parent could have prolonged your case.
- Health issues. If health problems extended the duration of your case or impacted your ability to resolve it sooner, this could support your application.
You’ll need to provide supporting evidence, such as:
- A medical certificate.
- A letter from your lawyer explaining the situation.
- Copies of judgments or other relevant documents.
How to Submit Your Application
Applying to write off your legal aid fees is straightforward. You can submit your application in one of two ways:
- By Email: Send your application to legalaiddebt@justice.govt.nz.
- By Post: Mail it to Legal Aid Debt, DX SX11295, Wellington.
Ensure all relevant documentation is included with your application, as this will help strengthen your case. You can check more information on this link.
Zayne Jouma, Founder and Chairman of FDSS, is a self-taught and trained Mediator, Conflict Coach, Court Lay-Assistant (McKenzie Friend), and Community Coach. He has supported many parents through mediation and conflict resolution, assisting thousands of self-represented parents in Family Court, High Court, and Court of Appeal cases across New Zealand. Zayne is trained in conflict coaching, mediation, and child voice inclusion in mediation, with extensive experience in complex cases involving resist/refuse dynamics, family violence, relationship property, and care of children. He is also a licensed and approved New Ways for Families® Coach, trained by Bill Eddy of the High Conflict Institute.
