Can you get your West Virginia court filing fee waived?
West Virginia decides fee waivers using 150% 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, 150% of the federal poverty guidelines is $23,940 a year ($1,995 a month). The guideline itself is $15,960.
Ways to qualify in West Virginia
- Income. At or below 150% 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.
Income under 150% FPL is necessary but not sufficient: liquid assets minus $500 must be under 12x monthly expenses, and personal property must fall under a separate chart threshold. The court can still order repayment later.
What to file
West Virginia uses the Financial Affidavit and Application: Eligibility for Waiver of Fees, Costs, or Security (SCA-C&M201). File it at the same time as your petition or response, not after.
This page explains how West 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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