Overview of Court Fee Waivers in Ohio
A court fee waiver in Ohio is a government aid that allows an individual who cannot afford to pay the expenses related to litigation to receive a waiver of the court fees of the necessary action. These fees are typically paid to the court once a case is filed. The local rules of a court controlling such action usually makes this a requirement.
Without a court fee waiver, a person who cannot afford to pay court fees may be prevented from having his or her case heard by the court—or even worse , he or she may have to pay for these court fees regardless of his or her financial situation. The reason this is the case is because all court systems have a set of fees that they require for every case and failure to pay these fees may result in a court refusing to process a case or dismissing a case altogether.
People generally applying for a court fee waiver do so because they have low incomes or substantial debts that prevent them from being able to pay for their own litigation. This waiver is absolute in its protection, because even though a person may receive a waiver, he or she may also be given leave to proceed in forma pauperis, which enables persons proceeding in forma pauperis the ability to proceed in a case without financial hardship. While a court fee waiver is needed before a person can be granted to proceed in forma pauperis, it does not guarantee him or her can be granted leave to proceed in forma pauperis. A waiver of court fees is a separate issue from a request to proceed in forma pauperis.
Criteria to Qualify for Fee Waivers
To be eligible for a fee waiver, you must qualify under one of the following criteria:
- You are a recipient of supplemental security income benefits (SSI/SSA) and/or public assistance benefits, including food stamps, OWF /TANF (Ohio Works First / Temporary Assistance for Needy Families), child support, disability assistance, as determined by the Department of Human Services, Ohio Department of Job and Family Services, or Ohio Department of Public Welfare.
- You are represented by an attorney, an office of legal aid, or a non-profit legal assistance program.
- As of the date of filing, your household income is at or below the federal poverty guidelines approved annually by the U.S. Department of Health and Human Services. This method of meeting the eligibility criteria requires you to provide proof of your household size (i.e., social security card for each member) and gross income (i.e., pay stubs, tax forms, etc.) At times, the court may need to obtain paystubs directly from your employer, so you may be required to sign a release form permitting the court to do so.
- As of the date of filing, your assets, excluding household goods and equity in your home, are less than six months of your monthly gross income, reduced by monthly expenses such as rent/mortgage, utilities, clothing, childcare, health care, and child support.
Application Process: Step by Step Guide
The process for obtaining a waiver of court fees and costs in Ohio is relatively straightforward. First, applicants must obtain the necessary form, which is available for download on the Ohio Supreme Court’s official website or at your local courthouse. This application is typically known as an "Affidavit of Indigency" or "Application for Waiver of Court Costs."
Next, the applicant completes the form by providing requested information, such as their name, address, income, and the basis for their inability to pay. In some counties, you may be required to provide proof of income or other documentation to support your application.
The completed application must then be filed with the local Clerk of Court, generally in the same division where the case is being heard. Depending on the local rules of the court in question, the completed application may be submitted in person or via email or mail. Be sure to keep copies of all of your documents, as you may need them for future reference.
Once the application form has been submitted, the Clerk will forward the application to the assigned judge or magistrate. The presiding judge or magistrate will review the information submitted and make a determination on whether to grant or deny the fee waiver. It is important to be patient with this process, as it may take some time for the court to make a decision.
If granted, you will receive a court order waiving your filing fees and other costs. The fee waiver order will only apply to the specific cases mentioned in the order, so be sure to bring the order to the Clerk of Court in each case for which a fee waiver has been approved. If the application is denied, the court will generally provide notice of the order by mail.
Documents Needed to Apply for Waiver
To substantiate your need to qualify for a waiver, the Court requires documentation and proof to verify your statements. This would include:
- Statements that provide for all income received
- Documentation regarding all income sources
- Documentation regarding the number of dependents, including copies of birth certificates or social security cards for each dependent
- Copies of your monthly or quarterly bills
- Bank statements or other written documentation to confirm last checking or savings account balance
- Real estate property statements to verify real estate tax bills, if applicable
- Documentation of any other financial circumstances that may have an impact on your determination to determine if you qualify.
Outcomes after Application Submission
Once submitted, your application for waiver of court costs and fees will be promptly reviewed by the judge after which he or she must make a determination of your ability or inability to pay the fees for filing or defending an action in court within five (5) days. Bear in mind that some judges may ask that you appear in court for an interview regarding your financial situation prior to his or her decision. Also, you should be prepared for the possibility that if the court believes that your application is not complete , questions remain or the court believes your situation is otherwise best resolved by the full payment of the anticipated filing fees, you may be directed to file the standard filing fee and bear the burden of seeking a refund of the fees. If your application is denied, you will nonetheless be permitted to pay the filing fees on a staggered basis as long as you act in good faith and one of the staggered payments is made at the time the first pleading, motion, application or notice is filed.
Common Pitfalls and How to Avoid Them
Many applicants experience situations that challenge their ability to qualify for the fee waiver. The following are some of the most common issues we see:
Having the Wrong Affidavit
The Applicant may be given an affidavit by the Clerk that does not have the current language, rendering it possible to be denied without a new one.
What to Do: Ask the Clerk for the current form, or download it from the law library website to be sure you have a current version. The form you want is titled "Application for Waiver of Court Fees" or "Motion and Affidavit" and is usually dated 10-15-09.
Having High Monthly Income
Many Clients are surprised to learn that they have been over the income limit for waiver. However, on all but the simplest cases, there are ways to get around this.
What to Do: Come talk to us about your income. Both the federal and state poverty guidelines disregard certain monthly expenses, as well as things such as some lottery winnings and inheritances. Your income may turn out to be much closer to the poverty limits than you expect.
Trying to File with Actionable Case Documents
Sometimes, the Applicant believes he will be better off filing his paperwork himself, including the fee waiver, and waiting for the Court to contact him with the answer. This is almost never a good idea. Issues come up every time the Court doesn’t have what it needs to rule.
What to Do: Most often, your best bet is simply to deny yourself the temptation to file yourself, and file your fee waiver with us, as well as your other documents.
Having Objects to Attach
Some clients simply haven’t calculated all the assets that may need to be attached, but some are waiting on responses from Brokers or other financial services in order to find out how much they are worth.
What to Do: Ask your lawyer to make sure you cover all the bases by asking you the right questions about your assets.
Having Pets that Must be Divided
Some clients simply haven’t calculated all the values that may need to be attached, but some are waiting on responses from Brokers, or other financial services in order to find out how much they are worth.
What to Do: Ask your lawyer to make sure you cover all the bases by asking you the right questions about your assets.
Connecting to Old Spouses’ Income or Assets
If you waited a long time between divorce and filing to reduce the chance of being found by your ex-spouse, you may have a hard time getting a fee waiver. In addition, if you were married for over 10 years, and your Ex gets a pension through working, the Federal Government may try to go after your Social Security benefits.
What to Do: Let us handle this situation for you. The Federal Government has a number of rules and regulations over your waiver rights and the amount of your Social Security to be paid out to you.
Where to Find More Help and Information
In addition to the resources provided by the legal system itself, there are many organizations and tools available to those applying for fee waivers in Ohio. Legal Aid organizations, such as the Greater Cincinnati Legal Aid Society and the Ohio State Legal Services Association, can provide guidance and representation for both initial applications and potential appeals of those that are denied. Legal Aid organizations are funded in part by the federal government, and exist in every state, though the specific names and organizations may differ. The organizations that offer assistance generally have at least one available in every county. Legal Aid is not limited to just fee waivers – they specialize in many civil legal needs . For those in suitable situations, online tools can help applicants file their fee waiver request. Ohio Legal Help is a website that offers information, videos, and instructions for a wide variety of legal-related self-help functions. This site is managed by Ohio Legal Help, a non-profit providing free information to Ohioans regarding the law. It includes links to legal aid services, and covers a number of other highly common needs, such as expungement and sealing of records, divorce, and domestic violence. Finally, courts in some areas may hold clinics to assist members of the public in filling out fee waiver forms. Although these clinics are not available everywhere, they can provide extra assistance to applicants.