Legal Question in Family Law in Washington

waiver of filing fee

i need to know went to the clerks to file my dissolution /temp order for spousal maint and i was going to ask the court to waive the filing fee. what are the guidlines to the waiver and if i missed the appiont with the judge can i resechedual it

washington state


Asked on 3/25/07, 9:16 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: waiver of filing fee

You can petition for the ability to file in forma pauperis - that means you need relief from the Court but cannot afford the filing fee.

There is a form available at the law library and you can read it and determine if you qualify. Most people on a limited income will qualify, especially if a $250 filing fee is going to preclude your eating for the month.

You note a motion for a hearing with the court, for example for leave to proceed in forma pauperis. This is generally done ex parte and does not require that you provide the other party notice of the hearing, as it happens before the case is filed formally. No matter what county you are in the Clerk is actually *not* in charge of this; if you have prepared your motion properly, you are entitled to a hearing with a judge without any interference from the clerk. In some counties, there are commissioners that handle the ex parte motions calendar.

The courthouse may have a facilitator who can help you, and the law librarians are usually really nice. Asking how to get heard ex parte is not asking for legal advice, but for scheduling information.

Don't miss court appearances. If you are going in to get your filing fee waived, you don't have an appointment until you show up. If you can't be there when you thought you would be, yes, you can come again another day.

Hope this helps. Powell

Read more
Answered on 3/25/07, 10:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Washington