An Affidavit of Substantial Hardship in Alabama is a sworn statement that asks a court to let your case proceed without paying docket fees up front because paying would cause you serious financial difficulty. A judge reviews your finances and, if hardship is found, defers the fees. One point to understand before you file: approval does not erase what you owe. Alabama’s statute says the docket fee “may be waived initially and taxed as costs at the conclusion of the case,” meaning the costs can still be assigned to whoever owes costs when the case ends.1Alabama Legislature. Alabama Code 12-19-70 – Circuit and District Court Docket Fee – Creation; Collection; Waiver and Taxation as Costs at Conclusion of Case; Findings; Notice
Who Qualifies for a Hardship Finding
Alabama courts measure financial hardship against the indigency standard in Alabama Code Section 15-12-1, which uses 125 percent of the federal poverty level as the benchmark.1Alabama Legislature. Alabama Code 12-19-70 – Circuit and District Court Docket Fee – Creation; Collection; Waiver and Taxation as Costs at Conclusion of Case; Findings; Notice For 2026, that works out to $19,950 a year for a single person, or about $1,663 a month, and the threshold rises with household size.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines
Income is not the whole test. The court also looks at what you own (bank balances, vehicles, property equity) and what your necessary monthly expenses consume. Someone earning a little above the threshold can still show hardship when housing, food, utilities, medical bills, and debt payments leave nothing available for court fees.
Which Cases It Covers
The affidavit works in civil, family law, and criminal cases, with two separate versions of the form.
- Civil and family law cases, including divorce, custody, child support, and paternity, use Form C-10-CIVIL to defer filing and docket fees in circuit and district court.
- Criminal cases use Form C-10-CRIMINAL. A finding of indigency in a criminal case can also lead to the appointment of defense counsel at no initial cost to you.3Alabama Legislature. Alabama Code 15-12-21 – Appointment and Compensation of Counsel – Trial Court
What the Form Asks You to Disclose
Expect to lay out your complete financial picture. The form asks for monthly gross income from every source (wages, your spouse’s income unless the case involves a marital offense, commissions, bonuses, interest, unemployment or workers’ compensation, Social Security, retirement, child support or alimony received). It also asks whether anyone in your household receives TANF, food stamps, Medicaid, SSI, or disability benefits.4Alabama Unified Judicial System. Form C-10-CRIMINAL – Affidavit of Substantial Hardship and Order
On the other side of the ledger, you list monthly expenses: rent or mortgage, utilities, food, clothing, medical care and insurance, car payments and transportation, loan and credit card payments, education and employment costs, and your phone bill. You also list assets and debts: cash on hand, bank balances, property you own, and amounts you owe.
Accuracy matters. This is a sworn statement, carrying the same weight as courtroom testimony under oath, and false information can expose you to perjury charges. Judges who see these regularly notice numbers that do not add up.
How to File and What the Judge Decides
File the completed, signed affidavit with the clerk of the court where your case is pending. The judge reviews it and either approves the deferral, denies it (in which case you pay before the case moves forward), or sets a hearing where you can explain your finances in person.
There is a built-in deadline on the court’s side. If the judge does not make a written finding within 90 days that you have resources to pay, hardship is automatically deemed granted.1Alabama Legislature. Alabama Code 12-19-70 – Circuit and District Court Docket Fee – Creation; Collection; Waiver and Taxation as Costs at Conclusion of Case; Findings; Notice Your request cannot sit in limbo indefinitely.
What Happens to the Fees at the End of the Case
When the case concludes, the court decides who pays costs. In civil cases, the losing side often bears them. If you win, you may owe nothing. If you lose or costs are split, the deferred fees come back as part of what you owe.
Criminal cases carry additional exposure. A court can order a convicted defendant to reimburse the fees paid to appointed counsel, whether an appointed lawyer, contract counsel, or a public defender. The judge must first consider whether you can pay and what burden repayment would impose, but once ordered, reimbursement can be made a condition of probation, structured as installments, or collected like any other judgment if you default.5Alabama Legislature. Alabama Code 15-12-25 – Reimbursement of Fees of Court Appointed Counsel by Defendant; Default
If your finances have not improved when payment comes due, you can petition for relief. In criminal cases, a defendant who is not willfully refusing to pay may ask the sentencing court to reduce or forgive unpaid fees when payment would impose a clear hardship on the defendant or their immediate family.5Alabama Legislature. Alabama Code 15-12-25 – Reimbursement of Fees of Court Appointed Counsel by Defendant; Default
Where to Get the Forms
The Alabama Administrative Office of Courts publishes both versions on its e-forms website: Form C-10-CIVIL for civil and family law cases, Form C-10-CRIMINAL for criminal matters. Paper copies are available from the clerk’s office at your local courthouse. The forms are free. Clerks can point you to the right version but cannot advise you on how to fill it out.