The California court fee waiver Form FW-001 is the Judicial Council application you file with a superior court to ask that your filing fees, service fees, copy fees, and other court costs be waived because you cannot afford them. You download it from the California Courts website or pick it up at the clerk’s office, fill in your financial information under penalty of perjury, and submit it — ideally at the same moment you file the case itself. Everything you disclose stays confidential between you and the court.
Do You Qualify
California Government Code Section 68632 gives you three separate ways to qualify, and you only need one.1California Legislative Information. California Code GOV 68632 – Waiver of Court Fees and Costs
The first is public benefits. If you currently receive SSI/SSP, CalWORKs or Tribal TANF, SNAP or the California Food Assistance Program, County Relief or General Assistance, CAPI, IHSS, Medi-Cal, WIC, or unemployment compensation, you automatically qualify. No case number or member ID is required — you just check the boxes on the form.
The second is income. If your gross monthly household income (before taxes) falls at or below 200 percent of the federal poverty guidelines for your household size, you qualify.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines The 2026 limits printed on the form, for the 48 contiguous states, are:3Judicial Council of California. Request to Waive Court Fees
- 1 person: $2,660.00
- 2 people: $3,606.67
- 3 people: $4,553.33
- 4 people: $5,500.00
- 5 people: $6,446.67
- 6 people: $7,393.33
Add $946.67 per additional household member beyond six. Alaska and Hawaii use higher thresholds.
The third path is hardship. Even if your income exceeds the table, you can still qualify by showing that paying court fees would leave you unable to cover food, shelter, clothing, or medical care for yourself and your family. This route requires the most detailed financial disclosure because the judge weighs your whole picture.
Filling Out Form FW-001 Section by Section
The form is numbered and walks you through personal information first, then finances. Report everything in gross amounts (before deductions), and check your figures before signing — the entire application is sworn under penalty of perjury.4California Courts | Self Help Guide. Ask for a Fee Waiver if You Can’t Afford Court Fees
Sections 1–4: Your Information and the Case
Enter your full legal name, an address where the court can reach you, and the name and address of the superior court handling your case. If a case number has already been assigned, write it in. If you are filing the waiver together with your initial complaint, petition, or response, leave the case number blank and the clerk will fill it in.
Section 5: Public Benefits
Check every program that applies from the list on the form: Food Stamps (SNAP), SSI, SSP, Medi-Cal, County Relief/General Assistance, IHSS, CalWORKs, Tribal TANF, CAPI, WIC, and unemployment compensation. If public benefits are your only basis for qualifying, you can skip most of the financial detail that follows.
Section 6: Low-Income Path
Check this box if your gross monthly household income falls at or below the ceiling for your household size in the table above. You still need to complete the income and household sections so the court can verify the numbers.
Section 7: Basic-Needs Hardship
Check this box if your income is over the table but paying court fees would push you below what you need for food, housing, clothing, utilities, or medical care.
Section 8: Income Details
List every source of monthly income for the household: wages before deductions, self-employment earnings, Social Security, pensions, disability payments, child support, spousal support, rental income, and anything else coming in. Gross amounts, not take-home.
Section 9: Household Members
List the names, ages, and relationships of everyone living with you. Household size determines which row of the income table applies to you, so it directly affects eligibility.
Section 10: Expenses, Assets, and Debts
Report your monthly rent or mortgage, utilities, food, transportation, insurance, medical costs, and other recurring expenses. Then list property you own (excluding your primary residence up to a certain value), vehicle value, bank balances, and other assets. Finally, list debts: credit cards, medical bills, student loans, and the rest. This section carries the most weight if you are applying under the hardship path.
Section 11: Attorney Information
Say whether you have a lawyer and whether you are paying them. A pro bono or legal aid attorney doesn’t count against you. Having a paid attorney doesn’t automatically disqualify you, but the court will consider it when evaluating hardship.
Sign and date the form.
How and When to File
File FW-001 at the same time you file your initial complaint, petition, or response so the clerk doesn’t demand the filing fee at the window. You can hand it to the clerk in person, mail it in, or e-file if your court supports electronic filing for fee waivers — not every superior court does, so check the court’s website before relying on that option.4California Courts | Self Help Guide. Ask for a Fee Waiver if You Can’t Afford Court Fees
You are not limited to filing at the start of a case. If your finances get worse mid-case, you can file FW-001 later to cover motion fees, jury deposits, and other costs that come up as the case progresses. The same is true in family law matters, including divorce and legal separation.
What Happens After You File
The clerk routes the application to a judicial officer for review. Under Government Code Section 68634(f), if the court doesn’t act within five court days of filing, the waiver is automatically deemed granted, and any processing delay does not push back deadlines in your underlying case.5California Legislative Information. California Code GOV 68634 – Waiver of Court Fees and Costs
The judge decides based only on your financial information. The merits of your case have nothing to do with it. The court will do one of four things:
- Grant the waiver in full if you clearly qualify under one of the three paths.
- Grant a partial waiver and order you to pay a reduced amount.
- Deny the application if it is incomplete or if the information shows you don’t qualify. The order must state the specific reason.
- Set a hearing if the court needs more information or has reason to doubt the accuracy of your statements. You get at least 10 days’ notice of the hearing and of the specific concern.
The decision comes on Form FW-003, the Order on Court Fee Waiver.6Judicial Council of California. Order on Court Fee Waiver (Superior Court)
If the Court Denies or Questions Your Waiver
You have 10 days after the clerk gives notice of the order to either pay the fees in full or ask for a hearing. Request the hearing by filing Form FW-006, and bring the documentation your original application lacked: pay stubs, benefit verification letters, bank statements, medical bills.7Judicial Council of California. Request for Hearing About Court Fee Waiver Order (Superior Court)
If the denial was because your application was incomplete rather than because you clearly don’t qualify, you can also submit a corrected application. Read the FW-003 order carefully; it will state the exact reason and your options.
What the Waiver Covers
A granted waiver covers more than the initial filing fee. It waives filing fees for papers in superior court (except appeals in cases valued over $35,000), fees for copying and certifying court documents, sheriff’s fees for serving notice, court reporter fees when the court is not electronically recording the hearing (request a reporter using Form FW-020), telephone hearing fees, probate investigation assessments under Probate Code sections 1513, 1826, and 1851, clerk’s transcript preparation on appeal, the deposit hold for a reporter’s transcript on appeal, transcripts of official electronic recordings on appeal, notice and certificate fees, and transfer fees between court departments.8Judicial Council of California. Information Sheet on Waiver of Superior Court Fees and Costs
The court may also consider waiving jury fees and expenses, court-appointed expert fees, interpreter fees for witnesses, and peace officer testimony fees, but these are not automatic.
One gap to know about: the waiver cannot cover a court reporter’s transcript in a civil appeal, because the reporter charges that fee directly, not the court.
Obligations After Your Waiver Is Granted
The waiver is not a one-time gift. If your finances improve during the case — a better job, an inheritance, any change that gives you the ability to pay — you must notify the court within five days using Form FW-010.9Judicial Council of California. Notice to Court of Improved Financial Situation or Settlement Ignoring that duty can prompt the court to question you about your finances, order repayment of the waived fees, and add collection costs on top if you don’t pay.
If you win the case or settle for $10,000 or more, the court has a lien on the recovery for the full amount of fees waived, and those fees are paid to the court before you receive anything.10California Legislative Information. California Code GOV 68637 – Waiver of Court Fees and Costs If you try to dismiss the case without addressing the lien, the court can refuse to process the dismissal until you file a sworn declaration that the lien has been paid or that any recovery was worth less than $10,000. In cases other than family law or unlawful detainer, if you are the prevailing party, the court may also order the losing side to pay the fees that were waived on your behalf.
The waiver stays in effect until 60 days after judgment, dismissal, or other final disposition, unless the court ends it earlier based on changed circumstances. Guardianship and conservatorship cases follow separate duration rules under the California Rules of Court.8Judicial Council of California. Information Sheet on Waiver of Superior Court Fees and Costs