Fee Waiver Changes Family Law Matters

1
Fee Waiver Changes Family Law Matters

• 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 courts
  file, whether a party has the ability to pay
  all or part of the waived fees.

2
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 partys
  waived fees. GC 68637(d) and (e).

3

• The initial fee waiver recipient repays the
  waived court fees when circumstances have changed
  so that its 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.

4

• 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
  recipients changed circumstances are based
  primarily on a support order paid by the party
  who did not receive the fee waiver. GC 68637(e).

5
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.

6
Notice and Opportunity for Hearing

• If ordered to pay other partys 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.

7

• New Family Law
• Fee Waiver Forms

8
Order To Pay Waived Court Fees and
Costs(Superior Court)(FL-336, page 1)
9
Order To Pay Waived Court Fees and
Costs(Superior Court)(FL-336, page 2)
10
Application or Response to Application to Set
Aside Order to Pay Order To Pay Waived Court Fees
(FL-337)
11
Order After Hearing on Motion to Set Aside Order
to Pay Waived Court Fees (Superior Court)
(FL-338)
12

• Revised
• Family Law Form

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Summons (Family Law) (FL-110)