How to Request to Pay a Lower Fee or File for Free
If you cannot afford a filing fee, you may ask the court to pay less or file for free. If you need to pay less or file for free, you must file a motion (a written or electronic request) with the court asking to pay a lower fee or to file for free. You are also required to attach a financial statement to the motion. The right forms to use depend on the court you are in, the type of case, and how you file the case (on paper or electronically). This table shows which forms to use for each civil case type:
| Court | Case Type | Paper or E-Filing | Form | Financial Statement |
|---|---|---|---|---|
| Supreme Court | All | Paper or Electronic | Motion to Waive Filing Fee | Affidavit of Assets and Liabilities |
| Superior Court | All Civil | Paper | Motion for Waiver of Filing Fee | Statement of Assets and Liabilities |
| Superior Court | All Civil | Electronic | Built into e-Filing System | Built into e-Filing System |
| Circuit Court – District Division | Civil (including Landlord/Tenant, Former Civil Writs) | Paper | Motion to Waive Filing Fees | Affidavit of Assets and Liabilities |
| Circuit Court – District Division | Civil (including Small Claims, Civil Complaints, Replevin) | Electronic | Built into e-Filing System | Built into e-Filing System |
| Circuit Court – Family Division | Divorce, Parenting, Adoption, Termination of Parental Rights, Marriage Waiver | Paper | Motion to Waive Filing Fees | Financial Affidavit |
| Circuit Court – Family Division | Child Impact Seminar Fee | Paper | Motion to Waive/Reduce Child Impact Seminar Fee | Financial Affidavit |
| Circuit Court – Family Division | Guardianship of a Minor | Electronic | Built into e-Filing System | Built into e-Filing System |
| Circuit Court – Probate Division | Adoption, Equity, Surrogacy | Paper | Application for Waiving Fee | Financial Affidavit |
| Circuit Court – Probate Division | Guardianship, Name Change, Wills and Estates | Electronic | Built into e-Filing System | Built into e-Filing System |
If you are not sure which forms to use or you need help asking for a lower fee or to file for free, you can call the court’s information center at 1-855-212-1234 between 8:00 AM and 4:00 PM, Monday – Friday, or go to the courthouse.
In order to avoid delays in starting your case or processing your request, you should file your motion at the same time as you file your case or other request for court action.