Waiver of Fees for Service Ny Family Court Orange County

Fee Waiver Options

In about cases, you accept to pay a fee to file papers with the court. The fees are uniform in all 58 California counties (except for Riverside, San Bernardino and San Francisco counties, where fees may include a small surcharge related to local courtroom construction needs).  Click for the Statewide Civil Court Fee Schedule.  Too, courts have their fee schedules posted on their website. If you cannot afford the filing fee or other court costs, you may qualify to have these fees and costs waived by the courtroom. This section gives yous more than information about request the superior court for a fee waiver.

Click if yous demand a fee waiver for a guardianship or conservatorship case.

Click if you need a fee waiver for an appeal or a writ.

Request for a fee waiver

If yous are low-income and cannot afford to pay the fee to file your courtroom papers, you can ask for a "fee waiver."

There are three ways to qualify for a fee waiver:

• If you are receiving public benefits, like Medi-Cal, Nutrient Stamps (CalFresh), Cal-Works, General Assistance, SSI, SSP, Tribal TANF, IHHS or CAPI;
• If your household income, before taxes, is less than the amounts listed on Form FW-001 in item 5b;OR
• If the court finds that you lot practise non have enough income to pay for your household's basic needs AND the court fees.

To inquire for a fee waiver:

1. Read the Information Sail on Waiver of Superior Courtroom Fees and Costs (Form FW-001-INFO). (Available in Spanish)
2. Fill out the Request to Waive Court Fees (Form FW-001) (Spanish), reading the form very carefully. Utilise the Instructions for FW-001 or Video Instructions for FW-001  every bit a guide.
3. Sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.
4. Make 2 copies of your completed Class FW-001.
5. Turn in your fee waiver forms to the clerk. The clerk will tell you how long it will take to process your request for fee waiver.

If you lot already have an Order on Court Fee Waiver (Form FW-003 or Class FW-008), but now have additional fees that are non included in the society:

1. Read the Information Sheet on Waiver of Superior Court Fees and Costs (Form FW-001-INFO).
2. Fill out a Request to Waive Additional Courtroom Fees (Class FW-002), and the height of a blank Social club on Courtroom Fee Waiver (Form FW-003). Use the instructions for FW-002 and instructions for FW-003 equally a guide.
3. Make ane copy of your forms.
4. Turn in your forms to the clerk. The clerk will tell you how long it will have to process your application for fee waiver.
5. The rest of the process is the same every bit with your original fee waiver.

Remember: You must sign your request for a fee waiver under penalty of perjury. So, on your forms, you must tell the truth, and your answers must be authentic and complete.

Fee waivers expire 60 days afterwards your case is finished, either past a judgment, a dismissal, or in another manner. They tin also stop if the court finds that you are no longer eligible for the fee waiver.

If your fee waiver request is granted:

If you file a Request to Waive Court Fees (Form FW-001) and your request is granted, you will non have to pay fees for:

• Filing papers in superior court (except for appeals in cases worth over $25,000);
• Making and certifying copies;
• Having the sheriff give notice;
• Getting a courtroom-appointed interpreter in small claims court;
• Having a court hearing by telephone;
• Giving notice and certificates;
• Sending papers to some other court section;
• Having a court reporter; or
• Preparing, copying, and certifying a clerk's transcript on entreatment and transmitting it to the appellate court and the political party.

If you file a Asking to Waive Additional Court Fees (Form FW-002) and the court grants your request, yous will not have to pay fees for services the court determines to exist necessary for your case. The fees that are waived will be checked off on Form FW-003 or Form FW-008. These may include 1 or more of the post-obit:

• Jury fees and expenses;
• Fees for courtroom-appointed experts;
• Fees for a police officer to testify in court;
• Court-appointed interpreter fees for a witness; or
• Other fees (read Form FW-001-INFO to meet examples of the fees yous tin can ask the court to waive). (Form FW-001-INFO is also available in Spanish.)

Of import: Even if your fees are waived at starting time, there are some cases in which you may accept to pay them back later. Click to detect out when you may have to pay your fees back.

If your fee waiver request is denied

If your request is denied without a hearing

Your fee waiver application may exist denied without a hearing for one of 2 reasons:

• Information technology is incomplete; or
• From your awarding, the court decided yous are non eligible for the fee waiver.

The judge will check the reason for denying your request on page ii of Class FW-003.

If your fee waiver is denied without a hearing, you have 10 days from the date in the Clerk'south Certificate of Service (at the bottom of page ii of Form FW-003 or attached to that form) to:

1. Pay your fees;
2. File a new request if the court institute that your asking was incomplete; OR
3. Ask for a hearing to show the court more than information.

Read detail 4b on Grade FW-003 carefully to notice out what you demand to exercise.

If you do not practise 1 of these 3 things, the court will cancel the papers you lot filed with your fee waiver asking and you can miss important deadlines or have to outset your instance all over.

To ask for a court hearing to bring more information later on your fee waiver request is denied:

1. Fill out a Request for Hearing Most Courtroom Fee Waiver Order (Form FW-006) and the top of Notice on Hearing virtually Court Fees (Class FW-007). Utilise the instructions for FW-006 and instructions for FW-007 as a guide.
2. Make i re-create of each class and turn them in to the clerk with the originals.
3. The court will transport you a completed Form FW-007, telling yous when the courtroom date is for your fee waiver hearing.

If you missed the borderline and filed your request for a hearing more 10 days after your fee waiver application was denied, the courtroom will deny your hearing request and say so on Form FW-007. If there is some other reason why the court denies your hearing request, the court will write it in particular 5c.

If the courtroom asks for more data

If the court wants more information to make a decision on your fee waiver, the courtroom will prepare a hearing date for you lot. The information on the hearing will be on page ii of Form FW-003, nether item 4c.

Make sure you go to that hearing. Bring with you whatever documents that the court tells you to bring. The court will tell you lot what documents information technology wants you to bring right above the hearing date information.

If you lot do non go to this court hearing, your fee waiver application volition be denied and you volition have to pay your fees in 10 days.

If your request is denied later a hearing

If the court denies your fee waiver asking after a hearing, your options depend on what the court orders. Outset, look at page 2 of the Order on Court Fee Waiver Afterward Hearing (Form FW-008) to run across what the court ordered.

• If the court grants y'all a partial waiver of your fees and costs, you will still take to pay some of the fees, but not all. The court volition tell what role of the fees are waived on page ii of Form FW-008, item c. You must pay any other fees you owe within 10 days later the date in the Clerk's Certificate of Service (at the bottom of the form or attached to it). If you exercise not, the court will abolish the papers you lot filed.
• If the court denies your request for a waiver, but allows you lot to pay some courtroom fees and costs over fourth dimension, the court will cheque items 5b(1) and 5b(2) at the superlative of page 2 of Form FW-008. On the class in these items, the court will tell yous when you must start making the partial payments and how much you must pay each month. If you do not make those payments, or pay for any other fees and costs as they come up due, the court may cancel the papers you filed.
• If the court denies your asking for a waiver and orders you lot to pay in full immediately, the courtroom will bank check item 5b(1) at the meridian of page 2 of Form FW-008. Y'all must pay your court fees within x days after the appointment in the Clerk'southward Certificate of Service (at the bottom of the class or attached to information technology). If y'all do not pay, the court volition cancel the papers you filed.

Remember: You must act quickly after you become that order if you desire your example to movement forward.

Subsequently Getting the Fee Waiver

Once you get a fee waiver, and equally long as your fiscal situation remains the same, y'all practice non have to do anything related to the fees. BUT if your finances better or if you can now afford to pay the courtroom fees and costs, you take to tell the court within 5 days. Fill out a Notice to Courtroom of Improved Financial Situation or Settlement (Form FW-010) and file it with the clerk.  Apply the instructions for FW-010 as a guide.

Also, you may get a Notice to Announced for Afterthought of Fee Waiver (Grade FW-011). This is a notice from the court to go to a hearing to reconsider your fee waiver. The court sends this form if it thinks your fiscal state of affairs may accept inverse. Make sure you go to this court engagement, or your fee waiver may be canceled.

It is possible that you may have to pay the fees that were waived in some cases. Find out more virtually paying waived fees dorsum.

Fee waivers expire 60 days later on the court issues a judgment or dismissal or finishes the case in some other mode.

Waiving additional fees

If you are facing additional court fees that were not waived in your original order, you can request a waiver for these boosted fees:

1. Read the Data Sheet on Waiver of Superior Court Fees and Costs (Form FW-001-INFO).
2. Make full out a Request to Waive Additional Court Fees (Course FW-002) and the acme of the Gild on Court Fee Waiver (Form FW-003). Employ the instructions for FW-002 and instructions for FW-003 equally a guide.
3. Make 1 copy of your forms.
4. Turn in your forms to the clerk. The clerk will tell you how long information technology will take to process your application for fee waiver.
5. The remainder of the process is the same equally with your original fee waiver.

Call up: You must sign your request for a fee waiver under penalization of perjury. Then, on your forms, you must tell the truth, and your answers must be accurate and consummate.

Paying Waived Fees Back

In some cases, even if your fees are waived, y'all may have to pay them back later.  Y'all may even have to pay the other side's waived fees.

• If your fiscal circumstances improve during your instance, the court may order you to pay dorsum any fees that were waived after your eligibility concluded.
• If the court asks yous to provide proof for the data you wrote on your fee waiver asking and you lot do not provide that proof, the court volition cancel your fee waiver and you lot will have to pay dorsum any fees and costs that were waived.
• If you win your civil or small claims case, usually the court orders the other side to pay the fees. The court will not enter a satisfaction of judgment until those fees and costs are paid.
• If you lose your ceremonious or small claims case and the court orders you to pay the other side's fees, you will have to pay those fees even if the other side had a fee waiver and did not actually pay the courtroom fees.  The judgment confronting you in the case will not be satisfied (considered paid in full) until you pay back the waived fees of the other side.
• If you have a civil example and you lot settle with the other side for $10,000 or more, you will take to pay whatever waived fees. The courtroom will put a lien on your settlement to pay these fees. And the court will non dismiss the case until the fees take been paid.
• If you lot go a judgment or child/spousal/partner/family support order in a family unit law case, the courtroom may guild you to pay all or part of your waived fees or the other person'southward waived fees. If this happens, you have the right to enquire for a court hearing to request that the court set aside (cancel) the social club to pay the waived court fees and costs.

To inquire for a court hearing in a family law case when yous accept been ordered to pay waived fees and costs:

1. Request a hearing within 30 days from the engagement of service of the Lodge to Pay Waived Court Fees and Costs (Class FL-336). If you file in time, y'all will non take to pay the waived fees until the judge makes a decision after the hearing.
2. Fill out a Asking for Order(Form FL-300).
3. Fill out an Application to Set Bated Order to Pay Waived Court Fees-Attachment (Form FL-337) and attach it to Form FL-300.
4. Make 3 copies of your forms.
5. Turn in your forms and copies to the clerk. The clerk will requite yous a appointment for the hearing.
6. Have someone eighteen or older, non you, serve the other person with ane copy of the forms that the clerk returns to you AND include a blank Responsive Declaration to Request for Society (Grade FL-320).
7. Fill up out a Proof of Personal Service (Form FL-330) or a Proof of Service past Mail(Grade FL-335) and file information technology with the clerk.
8. Make certain you become to your hearing. If you do not go, your request volition be denied and you volition have to pay back the other side'due south waived fees and costs.

Laws and rules of court about fee waivers

The California laws almost fee waivers are in the Government Lawmaking, sections 68630 through 68641.

The California Rules of Courtroom also bargain with fee waivers. For:

• Fee waiver rules for the trial courts, read rules 3.50 through 3.58.
• Fee waiver rules in the Courtroom of Appeal, read rules 8.26, eight.100, 8.122, and 8.128.
• Fee waiver rules in the appellate division of the superior court, read rules viii.818, 8.821, 8.832, and 8.833.

Fee Waiver Forms

Note: All California courts use the aforementioned bones prepare of forms. But some courts have special, local forms, too. To see if yous volition need whatever special, local forms, contact your courtroom clerk or check your court's website. The forms may be posted on their site. If non, the site volition list the address and phone number of your local courthouse.

Forms to ask for a fee waiver

To download a form (in PDF format), click on the class number in the tabular array beneath.

Grade Name	Grade Number	Instructions
Information Sheet on Waiver of Superior Courtroom Fees and Costs	FW-001-INFO	Information sheet simply.
Request to Waive Courtroom Fees	FW-001	Instructions for Class FW-001 Video instructions for FW-001
Lodge on Courtroom Fee Waiver (Superior Courtroom)	FW-003	Instructions for Form FW-003

Forms y'all may need later on on in your case

To download a course (in PDF format), click on the form number in the tabular array below.

Form Name	Form Number	Instructions
Request to Waive Additional Court Fees (Superior Court)	FW-002	Instructions for Class FW-002
Request for Hearing Most Courtroom Fee Waiver Order (Superior Courtroom)	FW-006	Instructions for Grade FW-006
Detect on Hearing About Courtroom Fees	FW-007	Instructions for Grade FW-007
Social club on Court Fee Waiver After Hearing (Superior Court)	FW-008
Notice to Court of Improved Fiscal Situation or Settlement	FW-010	Instructions for Form FW-010
Order on Court Fee Waiver Afterwards Reconsideration Hearing (Superior Courtroom)	FW-012	Instructions for Course FW-012

Notation:Fee waiver forms are for the courtroom only, and some of them are confidential (it should say on the form itself). Do not have them served on the other side.

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Source: https://www.courts.ca.gov/selfhelp-feewaiver.htm

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