Fee Waiver Changes Family Law Matters Government Code (GC) §§ 68637(d) and (e) Government Code (GC) §§ 68637(d) and (e) When a judgment or order to pay support is entered in a family law case, the court shall consider, based on information in the court’s file, whether [a party] has the ability to pay all or part of the waived fees. When a judgment or order to pay support is entered in a family law case, the court shall consider, based on information in the court’s file, whether [a party] has the ability to pay all or part of the waived fees.

Who pays the waived court fees? The court can order that:  The initial fee waiver recipient pay all or part of the waived fees. GC 68637(e).  A party who did not receive the initial fee waiver pay all or part of the other party’s waived fees. GC §§ 68637(d) and (e).

The initial fee waiver recipient repays the waived court fees when circumstances have changed so that it’s reasonable to require him or her to pay all or part of the waived court fees The initial fee waiver recipient repays the waived court fees when circumstances have changed so that it’s reasonable to require him or her to pay all or part of the waived court fees –Court uses fee waiver eligibility criteria. –If change is based on support order, support obligor must be likely to make support payments. –If change is based primarily on receiving a support order, the court orders the support obligor to pay the waived fees.

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

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

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

New Family Law Fee Waiver Forms Fee Waiver Forms

Order To Pay Waived Court Fees and Costs (Superior Court) (FL-336, page 1)

Order To Pay Waived Court Fees and Costs (Superior Court) (FL-336, page 2)

Application or Response to Application to Set Aside Order to Pay Order To Pay Waived Court Fees (FL-337)

Order After Hearing on Motion to Set Aside Order to Pay Waived Court Fees (Superior Court) (FL-338)

Revised Family Law Form

Summons (Family Law) (FL-110)