A Guide to Fee Waivers

January 2008

For more information

If you cannot afford to pay certain court fees to start a case in court and you have very little income, you may have a right to a fee waiver. You can ask the court to allow you not to pay by applying for a Fee Waiver.

Examples of some fees current as of this writing are:

Entry fee in Superior Court: $225
Filing fee to modify judgment: $70
Marshal's (formerly called sheriffs) fee to serve your complaint on the other party: $40 to $60.

How do I ask for a fee waiver?

To apply for a fee waiver, you will need to fill out and file an Application for Waiver of Fees form (form # JD-FM-75). This form is available at the court clerk’s office and on the State of Connecticut Judicial web site (www.jud.ct.gov). On the web site look under "Court Forms" then "Family."

You need to fill out two parts on the form: 1) The Application for Waiver of Fees itself and 2) the Notarized Financial Affidavit. Do not sign the form until you are in front of a court clerk, a notary public, or an attorney. Leave the spaces for the Orders blank; they are filled out by the court.

Here are the steps:

STEP 1:
Get a few Application for Waiver of Fees forms (JD-FM-75) from the court clerk's office or on the State Judicial website. If you go to the court to get the form, ask if the clerk can notarize the form after you fill it out.

STEP 2:
Gather your pay stubs, bills recently received or paid, your checkbook and bank account statements. You will need to look at these items as you complete the financial affidavit part of the fee waiver form.

STEP 3:
Complete the Application for Waiver of Fees including the Financial Affidavit section. Do not sign the form until you are in front of a notary public, attorney or the court clerk's office.

STEP 4:
Go to the court clerk’s office with your papers.

Give the court clerk the Application for Waiver of Fees and any court papers that you listed on the fee waiver form.
Ask the court clerk to notarize the form.
Ask the court clerk what the procedure is in that court. Sometimes the clerk will take the papers to the judge for immediate review, while other times the clerk may schedule a hearing on your application.

Step 5: Make copies of the form. Give the original to the court clerk, give one copy to the other party and his/her lawyer, and keep a copy for yourself

Instructions for Completing The Application for Waiver of Fees

Following the SAMPLE below , type or print

NAME OF CASE, etc.

the name of the case;
the docket number (if the case has already been filed - if not, leave that space blank);
the address of the court and check the Judicial District box;

Name of Applicant: your name; your address, (you may use an address where can get mail if you do not wish to disclose your home address); and your telephone number

TYPE OF PROCEEDING

Check off the Type of Proceeding or the description of your case. For example, if you are seeking a divorce, check the box marked Dissolution of Marriage. If you are seeking to modify a child support order, check Motion to Open or Modify.

FEE WAIVER

Check the fee or fees you would like to have waived. (For example, Entry Fee, Filing Fee, etc.). If it is a divorce or custody case, you can write "Parenting Education Class" under Other.

APPOINTMENT OF COUNSEL

Appointment of counsel is only for a contempt case.

NOTE: Even if you do not want a fee waiver, you will need to fill out a Financial Affidavit. In divorce or legal separation cases, each side will be asked to file one to help the judge decide the amount of alimony or child support to order. The Financial Affidavit in a divorce or separation is a little different from this one. See the Legal Aid booklet, A Guide to Financial Affidavits.

Financial Affidavit

The second half of the page is the FINANCIAL AFFIDAVIT section. Look at the Financial Affidavit section on the SAMPLE below. Fill out this part following the instructions below.

Before you sign, here are some points to keep in mind:

If you do not own something the form asks about, write either "none" or "0" in that space.
When you have finished filling out the Financial Affidavit form, you must swear to it and sign it before a notary public or an attorney. Remember, do not sign it until you are in front of a notary or an attorney.

I. NUMBER OF DEPENDENTS.

II. INCOME

Gross monthly income:
Fill in your average monthly income BEFORE taxes are taken out. If you work, you can figure this out from your wage stubs.
Net monthly income:
Fill in your average monthly income AFTER taxes and other deductions are taken out.
Other income:
Fill in your monthly income from other sources, like a second job, state welfare (TFA), Social Security, or some other public benefit, or child support.

TOTAL MONTHLY INCOME
Fill in the total of all income. (Add B & C together.)

III. MONTHLY EXPENSES

Be sure to compute your expenses on a monthly basis. Weekly figures should be multiplied by 4.3 to come up with the monthly amount. For example, if you spend $100 a week on food, the monthly amount would be $430 ($100 X 4.3 = $430).

Rent or Mortgage: Put the amount you pay for your home. Weekly figures should be multiplied by 4.3 to come up with the monthly amount. For example, if you spend $100 a week on food, the monthly amount would be $430 ($100 X 4.3 = $430). If you have a mortgage which includes taxes, and you can't separate the two, put both under mortgage.
Real Estate Taxes: Monthly cost, if not included in "A" (mortgage).
Utilities: Monthly average.
Food: Monthly average.
Clothing: Figure out how much you spend each year and divide by 12.
Insurance: On a monthly basis. Include health insurance only if it is not already listed as a pay deduction.
Medical and Dental Expenses: Figure out how much you spend on medical and dental bills and prescriptions in one year and divide by 12. Don't include insurance or expenses reimbursed by insurance. Do include co-pays for doctor or hospital visits and for prescription drugs.
Transportation: Include all costs to keep your car running. If you are using public transportation, put the amount you generally spend on this (state all this as monthly expense).
Child Care: Put what you spend monthly on child care including after-school care, nursery school, etc.
Other: Include personal and other miscellaneous expenses (monthly). Examples include: diapers, laundry, haircuts, cigarettes, school lunches, toiletries (for example, shampoo, contact lens solution, makeup, church offerings, children's school expenses, toys, recreation, etc.

TOTAL MONTHLY EXPENSES
Enter total of A through J.

IV. ASSETS

This part requires you to list your assets, that is, any valuable property you own. You may estimate the value if you don't have the exact figures.

Real Estate:
Value. Place an estimated value of your home if it were sold today.
Mortgage (loan balance) is the amount still owed on the home and on any liens on the property.
Equity is how much of the home you own. Your equity is the difference between the estimated value of your home and all mortgages and liens. If you own only a half interest in the house, put "half equity" and fill in the value of your share.
Motor Vehicles:
State what car or cars you own.
The Value is the book or present value of your car. You can look up the value of your car in Kelly's Blue Book at the library or on the web at www.kbb.com.
Loan Balance is the amount still owed on any car loans.
Equity is the value of your car minus the loan balance. For example, if the value of the car is $2000 and the loan balance is $1500, then you own $500 equity in your car.
Other Personal Property:
If you own valuable jewelry or antiques, a boat, a motorcycle etc., list the items and their value if you were to sell them today, not what you paid for them. Used furniture, except for antiques, has a low resale value. (If you own only furniture and clothing which is not especially valuable, write "household goods -- nominal value" and put a dash (-).)
Savings Accounts:
If you have money in a savings account, state the amounts on deposit.
Checking Accounts:
List the average monthly balance after bills are paid.
Cash. Write down any cash you have on hand.
Other Assets:
This is for any other valuable items you might own. If none, write "0" for total value.

TOTAL ASSETS
Add up the amounts you have written down for all your assets in parts A-G and write the total in the box.

V. LIABILITIES/DEBTS

Liabilities are debts you owe in addition to those things you filled out under assets. Don't forget to include such things as overdue utility bills, tax bills, personal loans, credit cards, outstanding medical bills, etc.

Type of Debt is what the money is for (car loan, etc.)
Under Amount of Debt state the original debt owed.
Monthly Payment is the amount you pay on the debt per month. If you are not making any payments because you have not been able to do so, write "0" on this line.

TOTAL LIABILITIES:

Total Liabilities Owed is the sum of the Amount Owed column.

Total Monthly Payments is the sum of the Monthly Payments column.

CERTIFICATION (located on the back of the form)

You must swear to the truth of your financial statement and sign it in front of a notary public or an attorney, who must then sign that it was sworn to and signed in front of him/her. A court clerk will usually do this.

Congratulations !!!
You have completed the fee waiver form. Make two photocopies -- give the original to the court clerk, one copy to the opposing attorney, and keep one copy for yourself.

If your fee waiver is denied, you may ask the clerk to schedule a hearing on your application. Fill out the section "Request for Hearing on Denied Application" on the back of the Application for Fee Waiver form.

Sample Form: "Application for Fee Waiver"

For more information call: Statewide Legal Services:

(860) 344-0380 (Central Connecticut and Middletown area) 1-800-453-3320 (All other regions)

This document was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this document is based on the laws in CT as of January 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney. Copyright: January 2008.