Legal aid can allow individuals and families with low incomes to benefit from the services of a legal professional, either free of charge or at a low cost. You are eligible for legal aid if your financial situation justifies it and if the services you seek to obtain are covered by legal aid. In family matters, several services are covered! This is particularly the case in matters of separation and divorce, if you need a lawyer for any question related to child custody, to the alimony, divorce, etc.
JuriGo then explains to you the eligibility conditions for legal aid in family law as well as the services covered by legal aid!
How do you know if you are eligible for legal aid?
To benefit from legal aid, you must demonstrate that your financial situation entitles you to it, according to the eligibility scales. The scales determine if you are eligible for legal aidfor free or if you are eligible with a fixed monetary contribution. The scales can also help you conclude whether you are not entitled to legal aid, based on your income.
Eligibility for free legal aid
To obtain free legal aid, your financial situation and that of your family members must not exceed the following scales:
Scale of gross annual income (as of May 31, 2022)
| Annual Income Scale (Gross) | |
|---|---|
| Single person | $25,925 |
| Family composed of one adult + one child | $31,733 |
| Family composed of one adult + two or more children | $33,875 |
| Family composed of spouses without children | $36,095 |
| Family composed of spouses + one child | $40,385 |
| Family composed of spouses + two or more children | $42,530 |
Eligibility for legal aid with a fixed contribution
If you are not eligible for free legal aid, you may still be eligible for legal aid by paying a fixed contribution. This is the case if your financial situation and that of your family exceeds the scales provided in the free aid section.
To calculate your income, we first determinewhich category you belong to (single person, couple with a child, etc.) to know the scale of the free financial aid that applies to you.
We then add to the amount provided in the scale the following amounts:
- 100% of excess income;
- 10% of excess assets;
- 100% of excess cash.
The total amount obtained then constitutes thedeemed income which will be used to determine whether you are eligible for legal aid subject to the payment of a fixed contribution.
Thus, to be eligible for this legal aid, your deemed income and that of your family members must not exceed the following scales in 2023:
Contributory component - Category of applicants
| Categories of applicants | Deemed income | Contribution level |
|---|---|---|
| Single person | Up to $25,935 from $25,936 to $27,222 from $27,223 to $28,508 from $28,509 to $29,795 from $29,796 to $31,081 from $31,082 to $32,368 from $32,369 to $33,654 from $33,655 to $34,941 from $34,942 to $36,228 The text provided does not contain any French content to translate. It appears to be HTML code for creating a table data cell. Free $100 $200 $300 $400 $500 $600 $700 $800 | |
| Family consisting of one adult + one child | Up to $31,733 from $31,734 to $33,306 from $33,307 to $34,878 from $34,879 to $36,451 from $36,452 to $38,024 from $38,025 to $39,596 from $39,597 to $41,169 from $41,170 to $42,741 from $42,742 to $44,315 The text provided doesn't contain any French content to translate. It's HTML code for table data cell. Free 100 $ 200 $ 300 $ 400 $ 500 $ 600 $ 700 $ 800 $ | |
| Family consisting of one adult + 2 or more children | Up to $33,875 from $33,876 to $35,554 from $35,555 to $37,233 from $37,234 to $38,912 from $38,913 to $40,591 from $40,952 to $42,270 from $42,271 to $43,949 from $43,950 to $45,628 from $45,629 to $47,308 The text provided does not include any French language to translate. It's HTML code for table data. Free 100 $ 200 $ 300 $ 400 $ 500 $ 600 $ 700 $ 800 $ | |
| Family formed of spouses without children | Up to $36,095 from $36,096 to $37,885 from $37,886 to $39,675 from $39,676 to $41,465 from $41,466 to $43,255 from $43,256 to $45,045 from $45,046 to $46,835 from $46,836 to $48,625 from $48,626 to $50,416 The text you provided does not contain any French language to translate. It appears to be HTML code for creating a table cell. Free 100 $ 200 $ 300 $ 400 $ 500 $ 600 $ 700 $ 800 $ Family formed of spouses with one child Up to $40,385 from $40,386 to $42,388 from $42,389 to $44,390 from $44,391 to $46,393 from $46,394 to $48,395 from $48,396 to $50,398 from $50,399 to $52,400 from $52,401 to $54,403 from $54,404 to $56,406 The text provided does not contain any French content to translate. It's just HTML tags for ending and starting a table data cell. Free 100 $ 200 $ 300 $ 400 $ 500 $ 600 $ 700 $ 800 $ | |
| Family formed of spouses + 2 children or more | Up to 42,530 $ from 42,531 $ to 44,639 $ from 44,640 $ to 46,748 $ from 46,749 $ to 48,857 $ from 48,858 $ to 50,966 $ from 50,967 $ to 53,075 $ from 53,076 $ to 55,184 $ from 55,185 $ to 57,293 $ from 57,294 $ to 59,403 $ The text provided doesn't contain any French content to translate. It appears to be HTML code for table data. Could you please provide the correct content for translation? Free 100 $ 200 $ 300 $ 400 $ 500 $ 600 $ 700 $ 800 $ |
Thus, if you live as a couple, the financial situation of your partner may have an impact on your eligibility for legal aid. The same applies if you have children.
However, if you need a lawyer in a case that opposes you to your spouse or partner, only your own financial situation will be considered. This is particularly the case for divorce or child custody cases.
The Legal Services Commission's website allows you to fill out a questionnaire to assess whether you are financially eligible for legal aid.
If you are eligible for legal aid, you can use it to undertake procedures especially in terms of:
- Child custody, alimony and divorce;
- Alimony requested by social assistance;
- Dispute or claim of parental status.
Other services offered by legal aid offices in family matters
In family matters, other services are covered by legal aid offices regardless of your income: for the revision of a judgment in family matters (SAH) and for the updating of child support (SARPA).
Revision of a judgment in family matters (SAH)
The Homologation Assistance Service (SAH) allows separated parents to agree to make changes to custody, access rights or alimony for a child or spouse, when a judgment on one of these matters has already been obtained.
Separated parents do not have to be financially eligible for legal aid to benefit from the SAH. This service is offered to the entire population, in return for the payment of a sum of $633. Parties eligible for free legal aid have nothing to pay to use this service.
Updating child support (SARPA)
Legal aid offices also offer a low-cost online service to update child support for cases of simple income variations that do not require court intervention.
This is the Administrative Service for the Adjustment of Child Support (SARPA). This service is accessible to people regardless of whether they are financially eligible for legal aid or not. You just have to pay a fee of $51 at the time of the request. People eligible for free legal aid are exempt from paying these fees.
Find a family law attorney with JuriGo!
After becoming aware of the different eligibility conditions and services covered in family law, you realize that you are eligible for legal aid? As you may have noticed, it is your family situation and your income that determine your eligibility for legal aid, whether it is free legal aid or for a fixed contribution.
Do you have a family law case to settle and you wish to benefit from legal aid? You can find a family law attorney who accepts legal aid cases. We understand that it can be complicated to find a family law attorney who accepts legal aid.
That's why JuriGo offers to take care of it for you! We can put you in touch with a family law attorney who meets your criteria.
All you have to do is fill out the form at the bottom of the page, and you're done! We ensure a free and non-binding contact. Why wait any longer?