Can you get your Virginia court filing fee waived?
Virginia 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 Virginia
- 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.
Verified from statute text: if available funds are at or below 125% of the HHS guidelines for the household size, the filer SHALL BE PRESUMED unable to pay. It is a presumption, and the court still reviews net income, liquid assets and unusual expenses.
What to file
Virginia uses the Petition for Proceeding in Civil Case Without Payment of Fees or Costs (CC-1414). File it at the same time as your petition or response, not after.
This page explains how Virginia 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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