Filing fee changes for 2009 in CA

[CourtClerk]

What is the name of your state (only U.S. law)? CA

Attention all of you in CA who are contemplating filing for divorce, child custody, visitation, child support (outside of utilizing CSSD). This includes Civil and Probate also (however, you can't ask someone to die before 2009 to make it convenient for you).

As of January 2, 2009, the CA courts will raise their filing fees for most civil and family law actions. The draft was released to us a couple of weeks ago and has not been finalized as of yet, however, there are some definite changes to what it will cost to start your action.

For instance, to start any family law case will cost (at least) $350 for the first paper filed on each side. Meaning, when you file the action, it is $350 and when the other side responds, it's another $350. That is up from $320.00

Probate fees will rise also, traffic fines will rise also (but they do almost yearly anyway). It will be much harder as the courts are getting much more stringent on filing Fee Waivers and when judgment is entered, the courts are developing a plan to have the fee waiver applicants pay back the money waived, PLUS an administrative charge that may be as high as $25 (currently $21).

Therefore, if money is tight for you now, then file your documents by the year's end. The courts are closed only on Christmas Day.

[IsabellaSoriano]

uh, i got a question about the fee waiver, CourtClerk.

if i was granted a percentage on my fee waiver, they are looking that i pay the remaining percentage? is there a payment plan along with that? is that plan for certain? and how far back are they planning to go to collect? does this include new motions and order to show causes?

[CourtClerk]

Originally Posted by IsabellaSoriano

uh, i got a question about the fee waiver, CourtClerk.

if i was granted a percentage on my fee waiver, they are looking that i pay the remaining percentage? is there a payment plan along with that? is that plan for certain?

huh? English please.... maybe it's just been a long day but that just doesn't make sense to me...

and how far back are they planning to go to collect?

undetermined as of yet...

does this include new motions and order to show causes?

does what include new motions and OSC's?

[IsabellaSoriano]

Originally Posted by CourtClerk

huh? English please.... maybe it's just been a long day but that just doesn't make sense to me...

undetermined as of yet...

does what include new motions and OSC's?

you and me both. i probably worded that wrong.

i was granted a 80% fee waiver. will i be required with the new schedule to pay the remaining 80% as i already paid 20%?

will the fee waiver i have now become null and void at that point?

[CourtClerk]

Originally Posted by IsabellaSoriano

i was granted a 80% fee waiver. will i be required with the new schedule to pay the remaining 80% as i already paid 20%?

Your case is already filed. There are tenatively no fee increases for modifications. You will continue to pay 20% of whatever the filing fee is for whatever document(s) you file.

will the fee waiver i have now become null and void at that point?

No, however, they are SUPPOSED to make you recertify every 4 months (or if it's been at least 4 months since you last filed something). Some courts do, some courts don't. Mine doesn't. The court where your case is used to. Whether they do now or not is anyone's guess.

[IsabellaSoriano]

Originally Posted by CourtClerk

Your case is already filed. There are tenatively no fee increases for modifications. You will continue to pay 20% of whatever the filing fee is for whatever document(s) you file.

No, however, they are SUPPOSED to make you recertify every 4 months (or if it's been at least 4 months since you last filed something). Some courts do, some courts don't. Mine doesn't. The court where your case is used to. Whether they do now or not is anyone's guess.

then i'm glad i got a warning instead of surprised at the desk. so thank you

[CourtClerk]

Originally Posted by IsabellaSoriano

then i'm glad i got a warning instead of surprised at the desk. so thank you

Your welcome.

If they intend on collecting that 80%, they will send you a letter in the mail. They are already doing it in the civil courts. We're all waiting for what the process will be when the majority of those notices go unanswered.... the form letter states that they court will do such things as garnish wages, issue writs and abstracts and all the rest of that stuff, but I'm a pessimist. I'll believe it when I see it... then I'll be beside myself with glee when they actually do it.