Can you get your Massachusetts court filing fee waived?
Massachusetts decides fee waivers using 125% of the federal poverty guidelines. That gives you a number to compare against, but it is usually a presumption or one route of several, not a hard ceiling.
Compare your income
For a household of 1, 125% of the federal poverty guidelines is $19,950 a year ($1,663 a month). The guideline itself is $15,960.
Ways to qualify in Massachusetts
- Public benefits. Receiving TAFDC, EAEDC, Veterans benefits programs, SSI, or MassHealth (Medicaid) counts toward qualifying, often without any income showing at all.
- Income. At or below 125% of the federal poverty guidelines for your household size.
- 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.
Three routes: receiving a listed benefit, after-tax income at or below 125% of the poverty threshold, or a discretionary finding that paying would deprive the filer or dependents of life's necessities. Note the statute uses AFTER-TAX income.
What to file
Massachusetts uses the Affidavit of Indigency in Support of Request for Fee Waiver. File it at the same time as your petition or response, not after.
This page explains how Massachusetts 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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