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3245EN | February 2017

Filing Fee Waiver: General Info

Should I read this?

Yes, if both of these are true:

 you are about to file a family law case

in a Washington state Superior Court.

 you cannot pay the filing fee OR

paying would be hard for you.

Most people must pay a filing fee ranging

from $36 to $280 to start a family law case.

You can file a motion asking the court to

waive (not make you pay) the filing fee.

 The filing fee amount depends

on the county and the type of

case. (The filing fee for

modifications in some counties

is $36. The fee for filing a

divorce in some counties is

$200.)

What does Rule 34 say?

Washington state courts’ General Rule 34 (GR

34) says who can get a waiver of the filing fee

civil case and other mandatory charges. It

 applies to all courts statewide.

 forbids courts from charging a small

fee to even file a fee waiver request.

Can I get the other fees involved in a

court case waived too?

You can ask the court to waive other fees that

are “a condition precedent to securing access

to judicial relief.” These include but are not

limited to:

 Family Court facilitator surcharge

 Judicial Trust Account surcharge

 Domestic violence prevention

surcharges

 Mandatory family law orientation

class fee

 Any fee to have a required Family Law

Facilitator review your final papers

before presentation

 Any ex parte presentation fee

 The court must waive any required

fee. The state Supreme Court in

Jafar v. Webb confirmed this.

Fees that are probably NOT waivable are fees

for optional services, including but not

limited to:

 Deposition fees

 Cost of copies

 Cost of mediation

 Guardian ad Litem (GAL) fees

Am I eligible for the fee waiver?

Yes, if one of these is true:

You get:

 TANF (Temporary Assistance for

Needy Families)

 HEN (Housing and Essential Needs)

 SSI

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  Federal poverty-related veteran's 
benefits 
  Food Stamps 
OR  
Your income is at or below 125% of the 
federal poverty guidelines. (The guidelines 
are at  https://aspe.hhs.gov/poverty-
guidelines.) 
OR 
You have large regular basic living expenses
 
that keep you from being able to pay the 
filing fee and other required charges. "Basic 
living expenses" means the average monthly 
amount you spend for reasonable payments 
toward living costs such as shelter, food, 
utilities, health care, transportation, clothing, 
loan payments, support payments, and court-
imposed obligations. RCW 10.101.010(4)(d). 
  Even if none of the above 
describes you, you may still 
want to file a fee waiver if 
there are other compelling 
circumstances in your case. 
Talk to a lawyer. 
What forms will I need?  
Our packet Filing a Motion for Waiver of Your 
Filing Fee has forms and instructions. Get it at 
www.washingtonlawhelp.org. It is good for 
all civil law cases except habeas corpus 
petitions.   
  Domestic violence 
protection order petitions 
are free.  They do not require a 
fee waiver. 
How do I file a Motion for Fee 
Waiver?  
To get your fees waived right away: Go to 
the courthouse. When you are done filling out 
your forms, ask the Superior Court clerk or 
facilitator (if your county has one) how to get 
your papers to a judge for review and signing.  
If you do not need the fee waiver right 
away: mail it to the court clerk.  Include a 
self-addressed stamped envelope so they can 
return a copy to you. 
What if I need legal help? 
  Apply online with CLEAR*Online 
-  https://nwjustice.org/get-legal-help   
or 
  Call CLEAR at 1-888-201-1014 
CLEAR is Washington’s toll-free, centralized 
intake, advice and referral service for low-
income people seeking free legal assistance 
with civil legal problems.  
  Outside King County: Call 1-888-
201-1014 weekdays from 9:15 a.m. 
until 12:15 p.m.   
  King County: Call 211 for information 
and referral to an appropriate legal 
services provider Monday through 
Friday from 8:00 am – 6:00 pm. You 
may also call (206) 461-3200, or the 
toll-free number, 1-877-211-WASH 
(9274). You can also get information 
on legal service providers in King 
County through 211’s website at 
www.resourcehouse.com/win211/. 

3245EN | February 2017

 Persons 60 and Over: Persons 60 or

over may call CLEAR*Sr at 1-888-387-

7111, regardless of income.

Deaf, hard of hearing or speech impaired

callers can call CLEAR or 211 using the relay

service of their choice.

211 and CLEAR will conference in

interpreters when needed at no cost to

callers.

Free legal education publications, videos and

self-help packets covering many legal issues

are available at www.washingtonlawhelp.org.

This publication provides general information concerning your rights and responsibilities. It is not intended as a

substitute for specific legal advice.

This information is current as of February 2017.

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-

commercial use only)