Legal Aid 101
Legal Aid services are a critical component of our justice system, providing low-cost or free legal support to vulnerable populations who may not otherwise have access to legal representation. In Sullivan County, legal aid services play an essential role in supporting citizens who have been subjected to violence and harassment. Whether you are a victim of domestic violence seeking protection, a tenant facing eviction, or a parent dealing with custody issues, legal aid can provide essential support when you need it most.
Legal Aid services in Sullivan County are comprehensive, covering a wide range of legal issues. They can help individuals with housing disputes , family law matters, employment concerns, consumer issues, and government benefits appeals. By offering accessible legal representation, Legal Aid helps to ensure that all citizens, regardless of their income level or social status, can fight for their rights and seek justice.
Having access to legal aid services offers numerous benefits to individuals and to society as a whole. For residents of Sullivan County, these services not only provide essential legal support but also contribute to the overall well-being of our community. When legal issues are resolved fairly and equitably, families can thrive, and communities can grow stronger.
Eligibility for Legal Aid
For those who can’t afford a lawyer, legal aid may be available to assist with divorce, child custody, housing issues, and other family law cases. Legal aid is readily available in Sullivan County. The first step is to check whether you qualify for free legal services.
Individuals who require legal services but who do not qualify for legal aid may still be able to obtain help through the Volunteer Lawyers Project. Pro bono resources are also available through the New York State Supreme Court’s Self-Help Centers. Pro bono isn’t solely limited to attorneys; many law students are also willing to provide services on a pro bono basis.
To qualify for legal aid, your annual household income must fall within the income guidelines established by the Legal Services Corporation. Those figures are updated annually and vary depending upon the number of household members. Individuals with special circumstances including domestic violence survivors and those who need legal assistance as a result of age, literacy, or language barriers may qualify for services even if their annual income is slightly over the guidelines. The maximum gross monthly income to qualify is as follows:
Other factors that may impact eligibility include the type of case involved and whether other legal assistance can be accessed. Clients seeking assistance with housing issues such as evictions are given priority. Eligibility for many legal issues is based on income guidelines rather than the merits of a case.
Clients should apply to determine whether they are eligible for legal services. Even those who do not qualify for legal aid services may be accepted into pro bono programs. It is important to understand that the services provided are free of charge. Therefore, individuals should be fair and honest when applying for services.
Major Legal Aid Agencies in Sullivan County
Sullivan County is served by a multitude of organizations dedicated to providing legal aid to those in need. Each organization specializes in different areas of the law to serve a wide array of client needs throughout the county. The following is a comprehensive list of the primary legal aid providers serving Sullivan County residents:
Legal Services of Hudson Valley – The Monticello Office of Legal Services of Hudson Valley aims to help clients who cannot afford legal representation while simultaneously ensuring that resources are used effectively and coordinated with local service providers. The office takes cases related to family law (including custody, guardianship, support, child abuse, and domestic violence), housing (including evictions and foreclosure), and government benefits. 416 W. Miller Dr. Suite 2 Monticello, NY 12701 It’s About Justice (IAJ) – IAJ is a not-for-profit organization dedicated to providing high-quality, free legal assistance to low- and moderate-income residents. It specifically focuses on cases involving civil legal issues such as evictions and foreclosures. 475 E. Main St. Monticello, NY 12701 (845) 794-9443
Community Action Commission – The CAC serves as the community action agency for the county and part of the tri-county-cap. Its mission is to assist low-income residents in becoming self-sufficient. A critical service provided is referrals to social services programs which provide access to affordable housing, health care, employment, food, legal assistance, utility assistance, financial and credit counseling, weatherization, childhood education and youth programs, and more. 9 Greene St. Monticello, NY 12701 (845) 292-7166
Catholic Charities Community Services – Under the guidance of the Archdiocese of New York, Catholic Charities works to provide assistance to those in need as well as the protection of vulnerable individuals and groups through various initiatives. The Southern Upstate office serves all five counties and provides a legal program to prevent homelessness, domestic violence, sexual assault and human trafficking. 275 Old Nyack Turnpike Nanuet, NY 10954 (845) 942-5791
Only a handful of these organizations provide specific legal services, which include representation and advice.
Case Types Covered by Legal Aid
Legal aid services serve a diverse range of cases and clients in Sullivan County. The programs and services available to citizens in Sullivan County address a wide variety of legal issues and concerns. This includes programs for low-income people, low-income victims of domestic violence, people with disabilities, the elderly, and military personnel.
Low-Income Family Law Eligible services in family law include divorce, child custody, guardianship, name changes, adoption, and visitation. Legal aid also assists with child abuse and neglect cases, child support, and spousal support. Low-income domestic violence survivors have access to abuse-related cases, including protection from abuse hearings, custody and visitation matters, and divorce. Programs for low-income and disabled seniors include access to public benefits programs like Food Stamps and SSI. Information is also provided for housing, health insurance, medical assistance, and tax benefits. Legal aid services help low-income seniors with guardianships as well.
Public Benefits Programs The following are examples of public benefit programs that legal aid can assist with: Public housing Food stamps SSI Medical assistance Tax abatements
Housing Issues Private landlord-tenant disputes City housing authority eviction and possession actions Anti-discrimination complaints Residential lease agreements Section 8 and subsidized housing
Civil Legal Representation Legal aid provides civil representation on a limited basis, based on staff and available resources and where eligible cases exist. This includes representation for families and children involved with the Department of Human Services. As per court rules, as many as five (5) cases at a time may be handled by legal aid staff attorneys. Depending on attorney availability, legal aid private attorneys may be used to represent eligible clients with family law issues.
Pro Bono Services The Sullivan County Bar Association assists legal aid with the provision of pro bono services for eligible client cases. Pro bono volunteers are recruited for short and long-term case assignments, which may include representation in court proceedings.
The Process of Securing Legal Aid
How to Apply for Legal Aid in Sullivan County
The first step to obtaining legal aid assistance is to determine if you are eligible for assistance in the State of Tennessee. Income eligibility guidelines for our services are currently set by The Legal Services Corporation. To qualify, your household must earn less than 200% of the Anti-Poverty Income Guidelines published in the Federal Register.
Referrals and applications can be submitted online or through one of our offices and are screened and processed at our Central Intake office in Nashville. All applications are handled on a priority basis and income alone is not the only criteria for qualifying. Emergency cases are handled immediately . If you are eligible for legal aid assistance and help is available, you will be assigned to an attorney who can work on your case.
We recommend that you have all the necessary paperwork and documentation prepared and in hand before attending your appointment. We often ask to see proof of documentation, such as pay stubs and tax returns to verify income. If you have documented income from other sources, bring that as well, including any and all additional financial information you may have. It’s better to bring too much information than not enough.
If you are applying for services in a domestic violence case, you do not need to bring financial records. We work with a referral from the Family Justice Center that will provide us with financial information. Domestic violence takes precedence over other types of cases.
Testimonies and Success Stories
The positive impact of legal aid in Sullivan County is best illustrated through the stories of those who have benefitted from these valuable services. Sarah, a mother of three young children, was facing an uphill battle while navigating the legal system on her own. After her husband left, she was unsure of how to file for child support. The overwhelming paperwork and looming court dates soon began to take a toll on her mental health. That was when she found the Southern District office of Legal Services of Upper Hudson. A pro bono volunteer was able to guide Sarah through the process, allowing her to feel empowered as she secured support payments that would help her provide a safer environment for her children.
Matthew, a disabled veteran, didn’t know where to turn when he received notice of an upcoming eviction proceedings. Having fallen behind on his rent, Matthew was fearful of homelessness. Without access to legal representation, Matthew would have faced the threat of eviction alone. Pro bono attorneys were able to step in and represent Matthew, helping him secure a favorable outcome in the case.
These are just two of the many individuals whose lives have been positively impacted by legal aid in Sullivan County. By providing them with legal representation and guidance, these services helped to ensure that they received a fair hearing in court.
Why Access to Legal Aid is a Challenge
One of the main challenges facing many residents of Sullivan County when trying to access legal aid are the hours that legal aid organizations are open. For example, practically all of the legal aid offices in and around Sullivan County are closed on Mondays, and some of these offices are only open half of the week. These time constraints make it so that those with day jobs are unable to access these legal aid services. Because of this, many people that may have a legal issue are unable to find pro bono counsel in advance of their court date. Of course, pro bono counsel is only possible for a limited number of cases, and many people end up representing themselves in Family and Criminal Court without knowing the full implications of doing so.
Furthermore, there is a history of underfunding when it comes to Legal Aid in Sullivan County as well as other upstate counties. The NYS Association of Criminal Defense Lawyers states that "Low bail and no bail options are becoming more common to the point that arrest warrants are being issued when people fail to appear for court. With PDs and Legal Aid unable to investigate and prepare cases, clients become more likely to lose." Often times, public wealthier locations, such as New York City, are able to get more funding for their Legal Aid Society. However, upstate residents often find themselves underserved in the legal arena.
The Future of Legal Aid In Sullivan County
The future of legal aid in Sullivan County looks promising, with several new initiatives on the horizon. For instance, the development of online resources has become increasingly important in increasing access to legal services. Websites, such as Pro Bono Net, have begun to provide an array of virtual resources for those in need. This will continue to enhance the user experience and make access to legal assistance more convenient for many individuals, especially those who live in remote areas. It also broadens the service base for providers and makes them more competitive in the larger market for actual paid services.
The need for further development of online services in this area has become evident as many cases can often be resolved entirely online. This is especially true in family law matters. As a result, the Family Court Self-Help Center of Sullivan County will be available to provide help online, which will best serve the needs of its constituents, according to recent reports. Under recommendations by the committee to the Family Court, in 2020, the Family Court Self-Help Center will go through some changes. These include meeting specific hours , based on demand, rather than being open at set times every day. In addition, a system will be introduced wherein patrons can sign in online, and once logged into the system, they will be notified as to when their turn to visit the center is available.
Stagnant state funding has limited the ability of providers to achieve expansion at a greater level, however, and that is why ongoing efforts are needed to make the need for private funding clear to legislators. In other words, providers need to continue to demonstrate to the community that the funding they receive is the only thing that stands between low income individuals and services they so desperately need.
One area that has seen growth has been religious-based outreach and assistance through church fundraisers. Access to legal aid through churches is more prevalent now than it was years ago, and as these outreach efforts continue, the number of individuals getting the services they need and so deserve continues to steadily increase. That’s an important factor in a social services system that has been under great stress in recent years.