Form FLR-58: Florida Court Fee Waiver Eligibility and Filing

There is no form called FLR-58 in the Florida court system. No Florida Family Law Rule of Procedure creates a form by that name, and the state courts website does not list one.¹ If you are trying to waive filing fees in a Florida family law case, the document you actually need is the Application for Determination of Civil Indigent Status, governed by Florida Statute 57.082.² With dissolution-of-marriage filing fees alone running over $400, this application is the only path to having those costs waived if you cannot afford them.

What the Application Covers

The Application for Determination of Civil Indigent Status asks the clerk of court to officially designate you as unable to pay filing fees and upfront costs. You can download it from the Florida Courts website or pick one up at any clerk of court office in the state.¹

If the clerk approves your application, the filing fee, summons fee, and cost of service of process by the sheriff are waived.³ The application works in any civil case, including divorce, paternity, child support modifications, and domestic violence injunctions. You can file it alongside your initial petition or at any point during an existing case.

One important limit: approval covers upfront filing and service costs, not everything that comes later. Mediation fees, certified copies, recording charges, and expert witness costs are not automatically covered. The application form itself states that “other costs and fees are not waived.”³

Who Qualifies

The clerk evaluates two things: your household income and your assets.

Income

You qualify as indigent if your household income is at or below 200 percent of the current federal poverty guidelines for your household size.² Under the 2026 guidelines, that works out to roughly:⁴

Household of 1: $31,920 per year
Household of 2: $43,320 per year
Household of 4: $66,000 per year

Net income under the statute means your total salary and wages minus deductions required by law, including any court-ordered support you already pay. Other income counts too: Social Security, veterans’ benefits, workers’ compensation, pensions, unemployment, and regular support from absent family members.²

Assets

Even if your income is low enough, the clerk presumes you are not indigent if you own property or assets with a net equity value of $2,500 or more.² Two exclusions soften the rule. Your homestead does not count, and one vehicle with a net value of $5,000 or less does not count. Everything else gets added together: bank accounts, stocks, bonds, certificates of deposit, equity in additional vehicles, and equity in real estate beyond your homestead. If the total reaches $2,500, the clerk will likely deny the application unless a judge later overrides that decision.

The clerk can verify what you report. The statute authorizes the clerk to search county property records and state motor vehicle title records to check for assets you may not have disclosed.²

Filling It Out and Filing

The application asks for four categories of financial information. Gather your documentation before you start.

Net income from wages or self-employment. Have recent pay stubs or your most recent tax return.
Other income such as Social Security, unemployment, pensions, child support received, rental income, or regular gifts. Have award letters or bank statements.
Assets, including cash, checking and savings balances, stocks, bonds, and equity in real estate or vehicles. Have recent bank statements.
Liabilities, including credit cards, medical debt, student loans, car loans, and mortgages. Have recent statements showing balances.

If you go to the clerk’s office in person and need help filling out the form, the clerk is required by statute to assist you.² If you have a private attorney, they can sign and submit the application for you.

The application includes a sworn attestation. Knowingly providing false information is a first-degree misdemeanor, punishable by up to one year in jail or a fine of up to $1,000.⁵

File the completed application with the clerk of the circuit court in the county where your case is pending or where you plan to file. You can submit it in person. Florida also has a statewide e-filing portal at myflcourtaccess.com, though whether this specific application can be submitted through the portal varies by county, so confirm with your local clerk. You do not pay anything to file the application itself in a family law case.

What Happens After the Clerk Decides

The clerk, not a judge, makes the initial decision. The clerk reviews your application against the income and asset criteria and issues one of two determinations: indigent or not indigent.² There is no partial category at the clerk level. The statute sets no deadline, but most clerks process applications within a few business days.

Approval does not erase your fees. The statute requires the clerk to enroll every person determined indigent into a payment plan.² You will also be charged a one-time administrative processing fee. The monthly payment is calculated based on all fees and anticipated costs and is presumed to match your ability to pay as long as it does not exceed 2 percent of your annual net income divided by 12. For someone earning $24,000 per year, that cap works out to $40 per month. Your fees are deferred and spread out rather than eliminated, but you are not blocked from filing while you pay.

If the Clerk Denies You

A denial is not the final word. You have the right to petition the court for judicial review of the clerk’s decision, and the clerk cannot charge you a filing fee for that petition.⁵

When a judge reviews a denied application, the analysis is broader. The court looks at the same income and asset information but also weighs:⁵

Whether paying fees and costs would create a substantial hardship for you or your family
Whether you are representing yourself or have a private attorney
When you hired your attorney and how much you are paying in legal fees
Any other relevant financial circumstances

The judge then makes a final determination. Judicial review gives you a second chance to explain circumstances a simple income-and-asset formula might miss, such as recent job loss, unexpected medical expenses, or supporting family members who depend on your income.

1
Florida State Courts System. Family Law Forms
2
Florida Senate. Florida Code Title VI Chapter 57 – Section 57.082
3
Florida State Courts System. Application for Determination of Civil Indigent Status
4
U.S. Department of Health and Human Services. 2026 Poverty Guidelines
5
Florida Senate. Florida Statutes Chapter 57 Section 082