Helping to secure and protect a client’s economic and consumer rights after separation from an abusive partner is essential to the client’s long-term personal and household well-being. The National Center for Survivor Agency and Justice is a national organization that provides excellent training and resources for attorneys on how to effectively identify and advocate for the economic needs of domestic violence survivors.1  A good place to start is this Consumer Rights Screening tool.2  Clients may need assistance with other issues such as public benefits, tax, subsidized housing, evictions, foreclosures, consumer debt, employment, etc.

• 1See Ctr. for Survivor Agency & Just.
• 2Leah A. Plunkett, Nat’l Consumer L. Ctr., & Erika A. Sussman, Ctr. for Survivor Agency & Just., Consumer Rights Screening Tool for Domestic Violence Advocates & Lawyers (2011).

Domestic violence survivors who live in subsidized housing1  may require assistance with issues that includes:

• Challenging or avoiding an eviction or subsidy termination for alleged crimes by the abuser or victim’s temporary absence due to flight from abuser.
•  Requesting the housing authority remove the abuser from the lease.
•  Advocating for the portability of a voucher to another apartment or city.
•  Facilitating transfer to another apartment for safety reasons.
•  Advocating for rent decrease or minimum rent because of loss of family income.
•  Obtaining early lease termination.
•  Advocating for an admission preference due to domestic abuse.

• 1For more detailed discussion, see this manual’s chapter on federally subsidized housing.

Many married survivors of domestic violence have substantial tax debt problems that could cripple them economically if not resolved.1  Sometimes the problems are unknown to them until after they leave an abusive spouse. Fortunately, there are “innocent spouse” relief laws that can relieve many domestic violence victims of their federal tax debt. The innocent spouse relief laws are complex. We recommend that you refer your client to low-income tax specialists, such as the Low-Income Taxpayer Clinic at Southeast Louisiana Legal Services (504-529-1000).

You should counsel your client against signing any joint returns with her abusive former partner. Often an abusive former partner will exert pressure to sign a joint return, claiming it will result in a refund that may be split. However, it is not worth the risk of being held liable for a fraudulent or improper joint tax return. In event that the return is proper, the victim likely will never see the refund because the abusive former partner will find a way to intercept the refund.

It is important for survivors to file their annual income tax returns even if they do not know how or have the funds available to pay a preparer. The IRS provides free tax preparation at Volunteer Income Tax Assistance (VITA) clinics for low-income earners (generally under $60,000), persons with disabilities, and/or limited English-speaking taxpayers. You may refer your client to the IRS overview on VITA, which contains a VITA Locator Tool.2  In New Orleans, Tulane Law School and the United Way both serve as VITA locations.

• 1For more detailed discussion of these tax issues, see Section 11 of this manual’s chapter on tax law.
• 2Free Tax Return Preparation for Qualifying Taxpayers, Internal Revenue Serv.

A client’s options for benefits should be explored. Food assistance programs like Supplemental Nutrition Assistance Program benefits (SNAP) and Women, Infants, and Children (WIC) may be applied for on an expedited basis. Financial assistance programs like FITAP benefits (or TANF) take longer to get. The 24- and 60-month limits on FITAP benefits may be waived for domestic violence victims.1

Clients who lose their jobs should look to see if they qualify for unemployment insurance and should contact an attorney if they are improperly denied, as an administrative appeal is possible.2  Client’s families which include non-parents who are caring for displaced children, may be eligible for the Kinship Care Subsidy, which can be as much as $222 a month for each eligible child.3

• 1La. R.S. 46:460.9.
• 2For more detailed discussion of the appealing a denial of unemployment compensation, see Section 5.6 of this manual’s chapter on employment law.
• 3See Additional Resources for You, La. Dep’t of Child. & Fam. Servs.