Ask the court for a fee waiver

I’m about to file a court case. Should I ask a judge to waive the filing fee?

You can ask for a filing fee waiver in any type of civil case in any Washington court. You’re eligible for a fee waiver if any of these are true for you: 

• You get TANF (Temporary Assistance for Needy Families), HEN (Housing and Essential Needs), SSI, federal poverty-related veteran's benefits, or food stamps

or 

• Your income is at or below 125% of the federal poverty guidelines, or your big regular basic living expenses keep you from paying the filing fee and other required charges.  "Basic living expenses" is the average monthly amount you spend on living costs such as shelter, food, utilities, health care, transportation, clothing, loan payments, child support, and court-imposed obligations.  

Even if none of these describes you, you may still want to ask for a fee waiver if paying the fee would be a hardship or would stop you from filing your case. Try to talk to a lawyer.

Can I also get the other fees involved in a court case waived? 

If you’re found eligible for a filing fee waiver, the judge must also waive all required fees. The GR 34 court rule talks about fees and surcharges that are "a condition precedent to securing access to judicial relief." This means all required fees and surcharges. The state Supreme Court in Jafar v. Webb confirmed this. Courts may not charge even a small fee to file a fee waiver request.

Here are some examples of required fees that the judge must waive if you’re eligible for a filing fee waiver. This isn’t a complete list: 

• Family Court Facilitator filing fee surcharge
• Judicial Trust Account filing fee surcharge
• Domestic violence prevention filing fee surcharges
• Mandatory family law orientation class fee
• Fees for any mandatory review by a Family Law Facilitator before presenting final orders
• Any ex parte presentation fee

In a name change case, the court must also order the county auditor to waive all fees related to your name change if you qualify to have the court filing fee waived. 

 Fees for optional services are probably not waivable. These include but aren't limited to

• Fees for meetings you choose to have with the Family Law Facilitator
• Deposition fees
• Cost of copies
• Cost of mediation
• Guardian ad Litem (GAL) fees

When don’t I need a waiver of the filing fee? 

You don’t need to ask for a fee waiver for most protection order petitions. Those are free to file, except for anti-harassment protection orders in some situations. 

If you’re trying to become guardian for a child who is a relative of yours, the judge should waive your fee automatically. You shouldn’t need to file this motion. You can check the box on the Minor Guardianship Petition to say that you’re a relative and the court shouldn’t charge a fee. "Relatives" include people related by blood, marriage, or adoption.