Fee Waiver Changes Fee Waiver Changes Family Law MattersFamily Law Matters

Government Code (GC) Government Code (GC) §§ 68637(d) and (e)§§ 68637(d) and (e)

When a judgment or order to pay support is When a judgment or order to pay support is entered in a family law case, the court shall entered in a family law case, the court shall consider, based on information in the court’s file, consider, based on information in the court’s file, whether [a party] has the ability to pay all or part whether [a party] has the ability to pay all or part of the waived fees.of the waived fees.

Who pays the waived court fees?Who pays the waived court fees?

The court can order that:The court can order that:

The initial fee waiver recipient pay all or part of The initial fee waiver recipient pay all or part of the waived fees. GC 68637(e).the waived fees. GC 68637(e).

A party who did not receive the initial fee waiver A party who did not receive the initial fee waiver pay all or part of the other party’s waived fees. pay all or part of the other party’s waived fees. GC GC §§ 68637(d) and (e).§§ 68637(d) and (e).

The initial fee waiver recipient repays the The initial fee waiver recipient repays the waived court fees when waived court fees when circumstances have circumstances have changed so that it’s reasonable to require changed so that it’s reasonable to require him or her to pay all or part of the waived him or her to pay all or part of the waived court feescourt fees

– Court uses fee waiver eligibility criteria.Court uses fee waiver eligibility criteria.– If change is based on support order, support obligor If change is based on support order, support obligor

must be likely to make support payments.must be likely to make support payments.– If change is based primarily on receiving a support If change is based primarily on receiving a support

order, the court orders the support obligor to pay the order, the court orders the support obligor to pay the waived fees.waived fees.

The party who did not receive the fee The party who did not receive the fee waiver may be ordered to pay the waiver may be ordered to pay the waived court fees if:waived court fees if:

Court determines he or she has the ability Court determines he or she has the ability to pay the waived fees. GC 68637(d), orto pay the waived fees. GC 68637(d), orThe court determines that the initial fee The court determines that the initial fee waiver recipient’s changed circumstances waiver recipient’s changed circumstances are based primarily on a support order are based primarily on a support order paid by the party who did not receive the paid by the party who did not receive the fee waiver. GC 68637(e).fee waiver. GC 68637(e).

Notice and Opportunity for HearingNotice and Opportunity for Hearing

Fee waiver recipient ordered to pay Fee waiver recipient ordered to pay Court must serve the order/notice.Court must serve the order/notice.Has 30 days to ask for a hearing to set Has 30 days to ask for a hearing to set aside the order to pay waived court fees. aside the order to pay waived court fees. If hearing requested, order to pay court If hearing requested, order to pay court fees not enforced until after the hearing to fees not enforced until after the hearing to set aside fee waiver order.set aside fee waiver order.

Notice and Opportunity for HearingNotice and Opportunity for Hearing

If ordered to pay other party’s waived feesIf ordered to pay other party’s waived feesCourt must serve the order/noticeCourt must serve the order/noticePays waived court fees after all current Pays waived court fees after all current support & accrued arrears are paid.support & accrued arrears are paid.Has 30 days to ask for a hearing to set Has 30 days to ask for a hearing to set aside the order to pay waived court fees. aside the order to pay waived court fees. If hearing requested, order to pay court If hearing requested, order to pay court fees not enforced until after the hearing to fees not enforced until after the hearing to set aside fee waiver order.set aside fee waiver order.

New Family LawNew Family Law Fee Waiver FormsFee Waiver Forms

Order To Pay Waived Order To Pay Waived Court Fees and CostsCourt Fees and Costs

(Superior Court)(Superior Court)

(FL-336, page 1)(FL-336, page 1)

Order To Pay Waived Order To Pay Waived Court Fees and CostsCourt Fees and Costs

(Superior Court)(Superior Court)

(FL-336, page 2)(FL-336, page 2)

Application or Application or Response to Response to

Application to Set Application to Set Aside Order to Pay Aside Order to Pay

Order To Pay Order To Pay Waived Court Fees Waived Court Fees

(FL-337)(FL-337)

Order After Hearing Order After Hearing on Motion to Set on Motion to Set

Aside Order to Pay Aside Order to Pay Waived Court Fees Waived Court Fees (Superior Court) (Superior Court)

(FL-338)(FL-338)

Revised Revised Family Law FormFamily Law Form

SummonsSummons (Family Law) (Family Law)

(FL-110)(FL-110)