Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.
Click here to download this guide with step-by-step instructions for completing the forms.
BACKGROUND
Government Code sections 68630 et. seq. permit the court to waive court fees and costs for litigants in certain financial situations.
Your court fees may be waived if:
- You are receiving public benefits such as Medi-Cal, Food Stamps, General Assistance, Cal-Works, SSI, SSP, etc.
- Your household income is at least 125% below federal poverty guidelines, as shown on form FW-001
- The court finds that you do not have enough income to support your family AND pay court fees
The court may also order partial payment of court fees, or allow payments to be made over time.
You are required to notify the court if your financial situation changes, or if you settle your case out of court. The court may require you to pay the previously waived fees.
PROCEDURE
Overview
The forms requesting a fee waiver require you to provide detailed financial information. This information will remain confidential.
You must sign your fee waiver request under the penalty of perjury. All answers must be accurate and complete. The court cannot require proof of your finances when you submit your application for a fee waiver. At a later date, though, the court may require you to verify any statements made in your application.
Step-by-Step Instructions
Step 1: Fill out the following forms:
Step 2: File your Fee Waiver forms along with your other court documents. The court will not accept your court documents without either the fees or the fee waiver forms.
Step 3: Within 5 days, the court will rule on your request. If the court makes no order within 5 days, your waiver is automatically granted. If your fee waiver is granted, you will be able to proceed with your case. NOTE: You may have to pay these fees at a later date. See Steps 7 and 8 for more information.
Step 4: If your request is not granted, one of three things may happen:
- If your request was denied because your papers were incomplete, you will have 10 days to submit a revised application or pay the filing fees. The court will indicate on FW-003 what is missing from your original request forms. Redo your forms, being sure to include what was missing.
- If your request was denied because you were ineligible for a fee waiver, you will have 10 days to pay the filing fees or request a hearing. To request a hearing, use form FW-006. Instructions for completing this form are available at the end of this packet. The court will schedule a hearing and notify you of the date using form FW-007.
- If the court needs more information, they will set a hearing. The hearing date will be indicated on the court's order, form FW-003.
Step 5: Attend the fee waiver hearing, if scheduled. Bring any documents or witnesses you have that help prove your financial condition. If this hearing was scheduled at the court's request, the court may have indicated what proof you need on form FW-003. Bring all documents the court requested.
After the hearing, the court will grant or deny your fee waiver request, and provide you with the ruling form FW-008.
Step 6: If your request is denied, or if the court orders partial or installment payments, you must pay the required fees within 10 days or the court will cancel all the papers you have filed in your case.
Step 7: If your financial situation improves during your case, you must inform the court within 5 days using FW-010. Instructions for completing this form are available at the end of this packet. If the court believes that your financial situation has changed, you may receive notice from the court to attend a hearing to reconsider your fee waiver. The court will send you FW-011 to notify you of the hearing date. In either of these situations, if the court determines that your improved financial situation allows you to afford court fees, you will be required to pay the previously waived fees.
Step 8: If you receive a money judgment in your favor, the court may order you or the other party to pay the previously waived fees. If you settle your case out of court for $10,000 or more, the court will require you to pay any waived fees.
FOR MORE INFORMATION
On the Web
http://www.courts.ca.gov/selfhelp-feewaiver.htm
http://www.saccourt.ca.gov/fees/fee-waiver.aspx
At the Law Library
California Forms of Pleading and Practice Chap. 174. KFC 1010 .A65 C3
Electronic Access: On the law library computers, using the LexisNexis CD.
How to Do Your Own Divorce in California In the "Kit" section of the CD. KFC 126 .S54
updated 8/10 mpj