Can you get your Delaware court filing fee waived?
Delaware decides fee waivers using a judge's decision on your sworn affidavit. There is no published income cutoff, so no calculator can tell you the answer. What follows is the actual standard a judge applies.
Ways to qualify in Delaware
- Inability to pay. You explain your income, expenses and debts on a sworn form, and the court decides whether paying the fee would leave you unable to cover basic needs. This route has no income cutoff.
No income percentage. Family Court decides case by case on a sworn affidavit. The current Family Court form number could not be confirmed on courts.delaware.gov, so check there before filing.
What to file
Delaware uses the Affidavit in Support of Application to Proceed In Forma Pauperis. File it at the same time as your petition or response, not after.
Delaware does not publish this in one clear place, so confirm the current form and standard with the clerk in your county before you rely on it.
This page explains how Delaware decides fee waivers. It is not legal advice, and it cannot tell you how a judge will rule on your case. Virdix is a document preparation service, not a law firm.
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