Family law
What Is a Court Fee Waiver and Who Qualifies for One?
Quick answer
Courts charge fees to file most family law cases, but you may not have to pay them if you cannot afford to. A fee waiver lets qualifying people file their case without paying court fees upfront.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated June 2026
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What a court fee waiver is and who qualifies
What a fee waiver actually does
When you file paperwork in a family law case, such as a divorce petition or a custody request, the court usually charges a filing fee. A fee waiver is a formal request asking the court to excuse you from paying those fees because paying them would be a financial hardship. If the court grants it, you can move your case forward without paying the standard filing costs.
A fee waiver typically covers the initial filing fee and may also cover other court costs, like fees for later motions or certified copies. Exactly which costs are covered varies by state and sometimes by county, so check your state's guide or the court clerk's office for what a waiver includes where you live.
Who usually qualifies
Most courts look at three general paths to qualify. First, if you receive certain public benefits, such as food assistance or cash aid programs, you often qualify automatically. Second, if your household income falls below a threshold set by your state, you may qualify based on income alone. Third, even if you do not meet either of those tests, many courts will grant a waiver if paying the fees would leave you unable to afford basic needs like housing, food, or utilities.
The specific benefits programs, income thresholds, and hardship standards vary by state. You will usually need to list your income, household size, and expenses on the request form, and the court decides based on that information. Be accurate, because the form is signed under penalty of perjury in most places.
How to ask for one
You request a fee waiver by filling out a form, usually available from the court clerk or your state court's self-help website, and submitting it along with your first filing. There is no charge to ask for a fee waiver. In many courts a clerk or judicial officer reviews the request quickly, and some courts let you file your case immediately while the waiver request is pending.
If the court denies your request, you are generally given a short window to either pay the fee or ask for a hearing to explain your finances. Do not ignore a denial, because missing the deadline to respond can affect your case. The exact process and timelines vary by state, so review your state's instructions carefully.
What to keep in mind
A fee waiver is about court fees, not the outcome of your case. It does not give you a lawyer, and it does not affect how a judge decides custody, support, or property issues. It simply removes the cost barrier to getting your case in front of the court.
Also know that some states can ask you to pay the waived fees later if your financial situation improves significantly or if you win money in the case. If your finances change while your case is open, you may be required to tell the court. This is general information, not legal advice, and Onbello is not a law firm, so for questions about your specific situation check your state's rules or talk to a lawyer.
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Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.