To qualify for a financial hardship fee waiver, you generally need to meet one of two requirements: your gross household income falls at or below a set percentage of the federal poverty guidelines (typically 125% or 150%, depending on the court), or you already receive benefits from a means-tested government program such as SSI, SNAP, TANF, or Medicaid. Either way, you have to back the claim with documentation and file a sworn application listing your income, assets, expenses, and dependents.
The Income Test
The most common route compares your gross monthly income, before any taxes or deductions, to the Federal Poverty Guidelines published each year by the Department of Health and Human Services. State courts commonly set the cutoff at 125% or 150% of those guidelines. Federal courts use 150%.1United States Courts. 150 Percent HHS Poverty Guidelines
For 2026, the key monthly thresholds in the 48 contiguous states and Washington, D.C. are:
- Single individual at 125%: $1,662.50 per month, or $19,950 per year
- Single individual at 150%: $1,995 per month, or $23,940 per year
- Family of four at 125%: $3,437.50 per month, or $41,250 per year
- Family of four at 150%: $4,125 per month, or $49,500 per year
Each additional household member raises the threshold by roughly $592 per month at 125% or $710 per month at 150%.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines Alaska and Hawaii use higher figures to reflect their cost of living. The guidelines update every January.
Gross income here means all of it: wages, tips, self-employment earnings, investment returns, alimony, child support, disability payments, and public assistance. If the total exceeds the applicable threshold, the application will likely be denied unless you can show extraordinary expenses that make paying impossible despite your income.
The Public Benefits Test
If you already receive benefits from certain means-tested programs, most courts treat that as automatic proof of financial hardship. The government has already verified your finances, so the court does not repeat the analysis. Programs that commonly trigger automatic eligibility include:
- Supplemental Security Income (SSI), for aged and disabled individuals with limited income and resources
- Supplemental Nutrition Assistance Program (SNAP), formerly food stamps
- Temporary Assistance for Needy Families (TANF)
- Medicaid
Instead of documenting your whole budget, you attach proof of current enrollment: a benefits letter or award notice showing your name, the program, and confirmation the benefits are active. Include an effective date or renewal date so the court can see the enrollment is current.
What You Have to Document
Whether you file in state or federal court, the application asks for a specific picture of your finances, not a rough one. A typical fee waiver application requires:
- Gross monthly income from every source for both you and your spouse, including employment, self-employment, rental income, disability, alimony, child support, and public assistance
- Employment history for the past one to two years, with gross monthly pay at each job
- Cash on hand and balances in every bank, credit union, and investment account
- Fair market value and outstanding debt on real estate, vehicles, and other valuable property, not counting everyday clothing and furnishings
- Monthly expenses: rent or mortgage, utilities, food, clothing, medical costs, transportation, insurance, and installment payments
- Names, relationships, and ages of everyone who relies on you for financial support
Attach pay stubs, benefit letters, or bank statements that back up the numbers you list. Courts compare stated income against the attached documents, and inconsistencies get applications sent back or denied outright. Every field needs an answer. Blank sections read as either skipped questions or hidden information, and both interpretations hurt you.
Accuracy carries stakes beyond the waiver itself. The application is signed under penalty of perjury, and perjury is a felony in every state. An applicant caught inflating expenses or concealing assets faces denial and possible prosecution.
Federal Court: In Forma Pauperis
Federal courts handle fee waivers under 28 U.S.C. ยง 1915, which lets a person start, defend, or appeal a case without prepaying fees or posting security. You submit an affidavit with a complete statement of your assets and a description of the nature of your case, demonstrating that you cannot afford to pay.3Office of the Law Revision Counsel. 28 U.S.C. 1915 – Proceedings in Forma Pauperis
A civil action in federal district court costs $350 in filing fees plus a $55 administrative fee. The administrative fee is automatically waived for anyone granted IFP status.4Office of the Law Revision Counsel. 28 U.S.C. 1914 – District Court Filing Fees Habeas corpus petitions carry a $5 filing fee. Federal fee waiver application forms are available from the U.S. Courts website.5United States Courts. Fee Waiver Application Forms
Prisoners face a different framework. Even with IFP status granted, a prisoner must eventually pay the full filing fee through installments. The court collects an initial partial payment equal to 20% of either the average monthly deposits to the prisoner’s account or the average monthly balance over the preceding six months, whichever is greater. After that, 20% of each month’s income goes to the court until the fee is paid. A prisoner cannot be blocked from filing for lack of funds at the time; the case proceeds, and fees are collected as money becomes available.
Redacting Personal Information Before You File
Fee waiver applications ask for sensitive data, and the responsibility to redact falls on you, not the clerk. In federal court, Rule 5.2 of the Federal Rules of Civil Procedure requires any filing containing a Social Security number to show only the last four digits. The same rule covers financial account numbers, and birth dates must be reduced to the year alone.6Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court
If the court needs the complete, unredacted information, you can file an unredacted copy under seal alongside the redacted public version. Most state courts have adopted similar rules with local variations. Check your court’s local rules before filing. Failing to redact is treated as a waiver of privacy protection for the disclosed information.
What the Waiver Covers
A granted waiver eliminates the initial filing fee and generally covers related costs that pile up during a case: fees for the sheriff or marshal to serve papers, court reporter attendance at hearings, and certified copies of court documents. Those ancillary costs can block a low-income litigant just as effectively as the filing fee.
A waiver does not cover attorney fees, private mediation costs, or any fines or penalties imposed as part of a judgment. Expert witness fees and extensive document production costs also remain your responsibility unless the court makes a separate order.
If Your Application Is Denied
The court’s order should explain the denial, and the reason often points to a fixable problem: missing documentation, an incomplete form, or an income figure that needs clarification. You typically have about ten days from the date the order is mailed or delivered to respond. Within that window you can pay the full fee, provide the missing information and resubmit, or request a hearing before a judge to explain your finances in person and present additional evidence.
Missing the deadline is where cases fall apart. Do nothing within the response period and the court can dismiss the case. For appellants, a missed deadline can permanently end the appeal.
When a Granted Waiver Can Be Revoked
Approval does not lock the waiver in permanently. Courts in most jurisdictions can revisit it if your finances improve during the case. You have an affirmative obligation to notify the court when your income increases, you receive an inheritance, or your situation otherwise changes materially. The notification window is typically short, often just five days after the change.
If the court finds you no longer qualify, it can end the waiver and order you to pay some or all of the previously waived fees. Courts can also revoke a waiver if the original application contained inaccurate information, even unintentionally. Waivers also expire on their own. Once a case reaches final judgment, dismissal, or settlement, the waiver terminates, and any new case requires a fresh application.
Some courts can order repayment of waived fees out of any recovery you obtain in the case. If you win a money judgment or settle for a lump sum, the court may require reimbursement of the waived costs from those proceeds before you receive the balance.