Ask for a fee waiver if you can't afford court fees

In most cases, you have to pay a fee to file papers with the court. If you can’t afford court fees, you can ask the court for a fee waiver.

 

A fee waiver lets you file your papers for free. It may also cover some other court costs.

 

If you already asked for a fee waiver and the court denied it, find out what to do next.

 

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What a fee waiver covers

If the court grants your fee waiver, you may not have to pay for:

  • Filing fees
  • Fees to respond to a case
  • Copies of court papers, including certified copies
  • Fees for the sheriff to serve your papers
  • Court reporter fees to attend trial
  • Other fees listed on form FW-003, item 4

⚠️ What a fee waiver doesn’t cover

A fee waiver doesn't cover everything.

  • Court reporter transcripts

    A fee waiver doesn’t cover the cost of a written transcript from a court reporter. This cost is paid to the reporter, not the court.
    You may be able to get help paying for transcripts through the Transcript Reimbursement Fund.

  • Fees you may have to pay later
    Even if the court gives you a fee waiver, the court may later decide you must pay some or all of the fees if your money situation gets better or you get money because of your case.
    ⚠️ The court must tell you first and give you a chance to ask for a hearing.

  • Fees that aren't covered by your fee waiver
    You may also have to pay fees that aren't covered by your fee waiver. If that happens, you may need to ask for another fee waiver using form FW-002.
    Learn more about waiving additional fees

  • Other costs
    A fee waiver doesn’t cover lawyer fees, private mediation, or fines or penalties ordered by the court.

Your information is confidential

The information you put on your fee waiver request form is confidential.

Only the court can see it. You don't have to give it to the other side.

When to ask for a fee waiver

You usually ask for a fee waiver when you first file papers and have to pay a filing fee.

You can also ask for a fee waiver later in your case if you can’t afford fees at that point.

📌 The filing fees shown on this site are estimates.

You can find exact fees:

If your case is a divorce or legal separation

You can ask for a fee waiver if your case is a:

  • Divorce

  • Legal separation

  • Annulment

A fee waiver in a divorce case can help cover:

  • The fee to file divorce papers

  • The fee to respond to divorce papers

  • Fees to file requests for orders, like custody or support

📌 You can file your fee waiver:

  • With your divorce petition

  • With your response

  • Later in the case if your finances change

⚠️ A fee waiver doesn’t decide or help with money issues between you and your spouse. It only applies to court fees.

How long a fee waiver lasts

A fee waiver expires 60 days after:

  • Judgment is entered

  • Your case is dismissed

  • The judge makes a final decision

A fee waiver can also end if the court decides you no longer qualify.

⚠️ If your fee waiver expires and you need to do something else in your case, like ask for a new order, you'll have to ask for a new fee waiver if you can't afford the fees.

You can read more about this on form FW-001-INFO.

⚠️ Use different instructions for some cases

Do not use these instructions if you need a fee waiver for:

These cases have different rules.

Who qualifies for a fee waiver

You only need to meet 1 of these to qualify. You don’t have to meet all 3.

Option 1: You receive public benefits

For example:

  • Unemployment

  • Medi-Cal

  • CalFresh (Food Stamps)

  • WIC

  • CalWORKs

  • General Assistance

  • SSI or SSP

  • Tribal TANF

  • IHSS

  • CAPI

Option 2: Your household income is below a set amount

The income limits are listed on Request to Waive Court Fees (form FW-001), item 5b.

You’ll need to give the court information about your household income.

Option 3: You can’t meet basic needs and pay court fees

You qualify if you can show the court that you can’t afford:

You’ll need to give information about your income and expenses so that the judge can decide whether to give you a fee waiver.

How to ask for a fee waiver

  • Gather the information you need

    Read form FW-001-INFO first.

    Depending on how you qualify, you may need:

    • Pay stubs

    • Bills

    • Bank statements

    You don't have to turn in this information. Use it to help you fill out the form.

    If you receive public benefits:

    • Check which benefit you receive on the form

    • You don’t need to list income or expenses

  • Fill out the forms

    Fill out Request to Waive Court Fees (form FW-001).

    🔒 This is a confidential form that only the court will see.

    On item 5, check a, b, or c depending on how you qualify:

    • Check 5a if you receive public benefits
      • Don't complete page 2
    • Check 5b if you qualify because of your household income
      • Complete page 2, items 7–9
    • Check 5c if you qualify because you can't afford court fees
      • Complete all of page 2

    ✍️ Sign the form under penalty of perjury. This means you promise the information is true and understand the court can punish you for lying.

    Also fill out item 1 on Order on Court Fee Waiver (Form FW-003).

  • Make copies

    • Make 1 copy of form FW-001

    • You don’t need to copy form FW-003

  • File your fee waiver forms

    Take the original and copy to the court clerk. You can file them:

    • At the same time as your other court papers, or

    • By themselves

    If you file by mail:

    • Mail the originals to the clerk

    • Include a self-addressed stamped envelope

    • Include enough postage for the court to return your copies

    ⚠️ If you don’t include an envelope, you’ll need to go to court to pick up your copies.

    Some courts allow online filing. Check your court’s website to see if this is an option.

    The clerk or judge will write their decision on form FW-003.

After you ask for a fee waiver

If the court grants your request

If your income goes up after you get a fee waiver:

  • 📅 You must tell the court within 5 days using form FW-010
  • The court may end your fee waiver if you no longer qualify for it

If the court doesn't grant your request

In most cases, you’ll need to pay the fee to start your case.

Depending on why the court denied your request:

  • You may be able to give more information

  • You must act quickly

💬 A self-help center can help you understand the court order and what to do next.

Key takeaways

  • A fee waiver lets you file court papers without paying fees

  • Your fee waiver application is confidential

  • You can ask for a fee waiver at the start of a case or later

  • Fee waivers expire 60 days after your case ends

Fee waiver

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