Fee Waivers for Minnesota Divorce Parties- The Outline

Blue Question Mark ManMinnesota has some of the highest court filing fees of any state and the fees keep increasing.  Minnesota, however, has a procedure set out in Minn. Stat. Section 563.01 that allows a party with low income to have fees waived or paid for by the State.

The Process and Initial Request.

A  party must submit a signed affidavit, which is a document ( Affidavit for Proceeding In Forma Pauperis) setting out certain facts relative to income and signed under penalty of perjury. Attachments substantiating the facts alleged such as a benefits letter or other document showing income should be filed along with the affidavit.  Take care to file financial documents as sealed source items if the documents are private financial records.    Rule 11 Minn. Gen. Rules of Practice for filing confidential financial documents

Who is Eligible for a Fee Waiver?

  • A party who is receiving public assistance or social security disability payments or Medical assistance;
  • If a party is represented by a poverty law firm or legal aid, then that agency has already determined the party has low or no income and is eligible for a fee waiver;
  • A party whose income is below 125% of the Federal Poverty Guidelines. The Guideline is published by the Federal Department of Health and Human Services and may be found online.

What Does the Fee Waiver Cover in Terms of Court Costs?

  • Filing Fees
  • Service of Process Fees
  • Witness Fees -the fees must be reasonable and the witness must have evidence that is material and necessary to the case
  • Deposition Expenses
  • Court Transcripts
  • Copy Costs
  • Appellate Briefs

All of the fees and costs listed after the service of process require a supplemental affidavit by the party establishing the necessity of the request.

The Court has discretion to grant or deny the request for a fee waiver.  If the fee waiver is not granted, then a party is responsible for paying the usual filing fee.   If there are no disputes in a divorce and both parties agree on everything, then parties can save money by filing a Joint Petition for Dissolution With Children or a Joint Petition for Dissolution Without Children. By filing jointly, parties pay only one filing fee.

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Thanks for reading. 

Kate Willmore, Saint Cloud, Minnesota, Divorce, Father’s Rights, Mother’s Rights,  Family Lawyer,  Family Court Lawyer and Mediator Coach

Call me at (320) 492-3606  or e-mail me.      www. katewillmorelaw.com

Copyright 2015

 

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

One Response to “Fee Waivers for Minnesota Divorce Parties- The Outline”

  1. This is a great post. It’s Very informative and well writing.

    http://www.mlhlaw.com/

    Like

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