Waiver of Court Filing Fees for
Civil Indigent Status
If you are unable to cover court filing fees for your case, you might qualify for an assessment of indigent status.
Our business specializes in aiding numerous Florida families with limited incomes. It may come as a surprise to some that Florida law mandates the Clerk of the Court to waive filing fees if specific conditions are fulfilled. The guidelines for determining civil indigent status are detailed in Florida Statute 57.082. This information specifically pertains to seeking a waiver of filing fees from the clerk for family law cases.
How can I meet the requirements?
The court clerk takes into account various factors when assessing your application for approval. Initially, they evaluate your net income, which comprises your earnings and wages minus legally mandated deductions, such as court-ordered support payments.
Apart from my salary, what other net earnings do I need to disclose?
You need to report all additional income sources, such as social security benefits, union funds, veterans’ benefits, workers’ compensation, ongoing support from family members who are not present, public or private employee pensions, reemployment assistance or unemployment compensation, dividends, interest, rent, trusts, and gifts.
Is my net income considered low for eligibility for a waiver of filing fees?
Refer to the chart below. Your income should not exceed the amount indicated in the corresponding row based on the size of your family. These figures are calculated at 200% of the 2020 federal poverty guidelines established for the applicant's household size by the United States Department of Health and Human Services.
Does the clerk take into account any other factors aside from my net income?
Apart from your net income, the court clerk will examine your assets and financial standing. Typically, if you possess any property (apart from your primary residence) or hold money or assets exceeding $2500, you may not meet the eligibility criteria. For instance, even if you are jobless but have $5000 in savings, you may not meet the requirements.
The equity you hold in your vehicle is an important consideration. Let us assist you in determining the fair market value of your vehicles by utilizing accessible online tools.
Examples:
If you fully own your car and its fair market value is $5000 or less, you are likely in a good position.
If your vehicle's fair market value is $20,000, and your remaining loan amount is $17,000, you should be fine as your equity is only $3000.
Owning additional assets like a second vehicle, motorcycle, boat, or jet ski that increase your total equity to over $5000 might disqualify you.
If you own a single vehicle with $5500 in equity, you may not meet the qualification criteria.
What should I do if my spouse is a co-petitioner in our case?
If you are filing a case with your spouse as co-petitioner, both of you need to submit individual applications so the clerk of court can assess your eligibility for a fee waiver.
Is it possible to determine beforehand if my request for civil indigent status will be accepted?
Regrettably, it is not possible. Your application is reviewed during the initial filing, and the clerk decides at that point. If you disagree with the clerk's decision, you have the option to appeal.
Are there any additional fees and costs that will be waived upon approval of my application?
There are additional fees and costs that could be included in your waived fees if your application is approved, such as:
Service of Process in Florida: If your application for Civil Indigent Status in Florida gets accepted, you will be exempt from paying $10 for each summons. When serving a party in Florida, the county sheriff will waive the $40 fee for the service of process. However, some Florida sheriffs do not serve non-enforceable papers like family law petitions and may require you to find a private process server instead. In such cases, your waiver will not be recognized by them.
Out-of-State Service of Process: If you are serving parties out of state, you would need to contact the sheriff in the county where the event is taking place to inquire about recognizing your Florida indigent status. The response can vary, as some sheriffs may agree while others may not. It is only through making the call that you can ascertain their stance.
Publication Service: If you need to publish a legal notice in a newspaper, the court clerk will likely post the "Notice of Action" on the court's bulletin boards for four weeks instead of requiring you to cover the publication costs.
Mediation: If your case proceeds to family mediation, the expenses will likely be covered under your approved indigent status, unless you choose private mediation.
What do I do next if I believe I may qualify for civil indigent status?
Please make sure to let us know if you believe you may qualify for indigent status. We will send you a link to the required questionnaire via your case file. Pro Docs Plus can include the preparation of the Fee Waiver Application in your document packet, free of charge. The application gets e-filed with the rest of your case documents for the court's consideration. If they approve it, you will be able to proceed from there. If they deny your application, you will need to complete payment of your court filing fees in order to proceed.