Q: Must a legal immigrant count the income of the family he is staying with to qualify for free legal services?
A friend and her young children are staying with me. She has no assets or income but her husband and kids receive Medicaid, food stamps and other government benefits. Must she count my income when applying for free or low cost legal services? If so, can I count her kids as members of our household as well even though her husband is counting them as part of his? She is not related to me. She wants to file for custody of the kids and for a divorce after the requisite one year separation.
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A:
Generally, when applying for free legal services, you only need to report your own household's income and assets. Since your friend and her children are temporarily staying with you but are not financially dependent on you or related to you, your income should not be counted as part of her household income.
Most legal aid organizations look at the applicant's personal financial situation, including any income or benefits they receive directly. In your friend's case, she would report her lack of personal income, though she may need to disclose that her children receive benefits through their father. The fact that she's staying with you temporarily would be considered her living situation rather than a financial resource.
You cannot claim her children as part of your household since they are already counted as dependents in their father's household for benefits purposes. When your friend applies for legal aid, she should be upfront about her living arrangement but emphasize that it's temporary and that she has no personal income or assets. She should also explain that she's seeking legal help specifically for custody and divorce matters, as many organizations prioritize family law cases involving custody issues.
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