Can you get your South Carolina court filing fee waived?
South Carolina decides fee waivers using 100% 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, 100% of the federal poverty guidelines is $15,960 a year ($1,330 a month). The guideline itself is $15,960.
Ways to qualify in South Carolina
- Income. At or below 100% 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.
A rebuttable presumption arises when NET household income is at or below 100% of the guidelines, and the court still weighs all financial factors. Rule 3(b)(2) separately waives fees automatically for people represented by legal aid or pro bono counsel.
What to file
South Carolina uses the Motion and Affidavit to Proceed In Forma Pauperis (Family Court) (SCCA 405 FC). File it at the same time as your petition or response, not after.
This page explains how South Carolina 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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