What if I can't afford court fees?

Fee waivers typically cover:

• Initial filing fees for petitions or complaints
• Motion filing fees
• Service of process costs
• Subpoena fees
• Transcript costs (in some jurisdictions)
• Appeal fees
• Mediation fees (court-ordered programs)

Fees NOT typically waived:

• Attorney's fees
• Private process server fees (may provide sheriff service instead)
• Expert witness fees
• Private mediation costs
• Copying costs for personal use

Income-Based Eligibility: Most states grant waivers if your income is at or below 125% of federal poverty guidelines, you receive means-tested public benefits, or you're unable to meet basic living expenses and pay fees.

Public Assistance Programs (automatic or presumptive eligibility):

• Supplemental Security Income (SSI)
• State public assistance or welfare
• Food stamps/SNAP benefits
• Medicaid or state health assistance
• General assistance or relief

Household Income Calculation: Courts consider gross monthly income from all sources, number of people in household, household expenses (rent, food, utilities, medical, childcare), and assets (savings, property, vehicles).

Required Forms:

• Application or petition for fee waiver (varies by state)
• Income and expense declaration
• Proof of public benefits (if applicable)
• Supporting financial documentation

Supporting Documentation: Attach recent pay stubs (2-3 months), tax returns (most recent year), unemployment or disability statements, public assistance award letters, bank statements, and bills showing monthly expenses.

Filing: Submit application with initial petition or separately to court clerk. Some courts decide applications administratively; others require hearing. Decision typically within 5-10 business days.

If Approved: Court stamps documents without payment, sheriff or marshal serves documents at no cost, and waiver remains in effect for duration of case.

Partial Waiver: Courts may defer fees until end of case, require payment plan, waive some fees but not others, or allow installment payments.

If Denied: Court provides reason, you must pay fees to proceed, but can reapply if circumstances change or request reconsideration with additional evidence.

Potential Repayment: Court may order winner to reimburse waived fees from losing party. If you later have increased income, court may require payment. Settlement agreements may address reimbursement. Some states have no reimbursement provision.

Reporting Changes: If your financial circumstances improve significantly during the case, you may be required to notify the court and fees could be reinstated.