Fee waiver application before divorce

A fee waiver may be issued for those that can prove that any court cost would be an extraordinary expense to their livelihood.

What is a fee deferral?

A fee deferral is 1) a temporary postponement of paying what is owed, or 2) establishing a payment plan with the court.

The court may postpone payment of fees to a later date if documents show that:

• you are receiving TANF or food stamp benefits
• your gross income is insufficient or barely sufficient to meet essentials of life (e.g., the gross income is less than 150% of the current poverty level; or the gross income is sufficient but extraordinary expenses reduce the gross income to less than 150% of the current poverty level)
• you have qualified and are represented by a non-profit legal services organization

The court may grant a monthly payment plan if supporting documentation is provided that:

• your gross income is between 150% and 175% of the current poverty level
• your gross income is between 175% and 225% of the current poverty level, and 25% is paid at the time of filing, and the balance is paid on a payment plan
• there is good cause, if your gross income of more than 225% of the current poverty level

The first thing to do is to complete the court forms to file for a waiver or deferral.

Note: Please look at the fee waiver and deferral criteria to see if you meet the requirements to file for waiver or deferral.

Once all forms are completed, the following steps need to occur:

1. Fill Out (Do NOT Sign) the Application for Deferral or Waiver of Court Fees or Costs, Consent to Entry of Judgment , and Confidential Personal Finance Affidavit (optional).
   1. Place names ONLY on the Order Regarding Deferral or Waiver of Court Fees and Costs and Notice Regarding Consent Judgment.
   2. Make 1 copy: Original - is filed with the Clerk or designated Court staff; 1 - your records.
   1. If you are granted a deferral, you will have 30 days after the ruling until payment is due.
   1. Asked the agency or individual serving the Affidavit if they will volunteer their services?
   2. Exhausted every other form of service before you request fees for publication be filed?
   3. If the application is granted, take the papers that need to be served along with a certified copy of the Order of Deferral or Waiver to the service entity.
   1. If it is granted, you will receive notification and then you will file the court papers for the court process you are involved with.
   2. If the application is denied, you can request a hearing in front of a judge by filing a Request for Hearing and Order or pay the costs/fees associated with your case .
   1. Be on time
   2. Dress neatly
   3. Find out if children are allowed in courtroom
   4. Be prepared to tell the judge why they should grant you a deferral or waiver

   Related Articles

   Fee List for the Yuma County Superior Court:

   State Filing Fees

   If your county does not have forms available for filing a fee waiver or deferral, please refer to the Arizona State forms provided.

   Fees for Mohave County Superior Court:

   Fees for Mohave County Justice and Municipal Courts :

   Mohave County Court Forms for Fee Waivers and Deferrals:

   State Filing Fees

   If your county does not have forms available for filing a fee waiver or deferral, please refer to the Arizona State forms provided.

   06 May 2021

   Please be aware that not all documents may pertain to your situation. You are encouraged to Visit a Law Library for general guidance.

   Applicants that are receiving assistance from TANF (Temporary Assistance to Needy Families) or Food Stamps; have an income that is insufficient or barely sufficient to meet the daily essentials of life; or if the applicant demonstrates other good cause are eligible for a fee waiver or deferral. If your monthly income is less than 150% of the current federal poverty level or if your income is more than 150% of the current federal poverty level and you have proof of extraordinary expenses, you may be eligible to apply for a fee waiver or deferral.

   Prior to filing a request for a fee waiver or deferral you will need the following:

   • Time and patience
   • Names of individuals you financially support (this includes child support and spousal maintenance )
   • Employer name and phone number (if employed)
   • Income from last year
   • Monthly income
   • Spouse's monthly income
   • Monthly debts and expenses
   • Remaining balance on loans
   • Current money available in accounts
   • If you are currently enrolled in a Government Assistance Program you will need to provide proof that you were enrolled prior to filing and that you are the recipient of the benefits
   • Social security number (if applicable)
   • If known, last address of the person you are serving the Affidavit in Support of Application for Deferral or Waiver of Service of Process Fees

   You can request a fee waiver or deferral for:

   • Filing a case
   • Issuance of a summons or subpoena
   • Cost of attending an educational program
   • 1 certified copy of a temporary order in a family law case
   • 1 certified copy of the final order of a court
   • Preparation of the record on appeal
   • Fees for reporters or transcribers
   • Services of process costs
   • Service by publication