An affidavit for suspension of fee/cost is a legal document submitted by a defendant or petitioner to request the court to waive or suspend fees and costs associated with their case. This request is typically made on the grounds of financial hardship, also known as indigency. In cases involving domestic relations, the applicant may also seek an order for their spouse to cover attorney fees.
This affidavit is commonly used in various legal contexts, including civil, family, and criminal cases. It serves as a formal request to the court to relieve the applicant from the financial burden of court fees and costs. Individuals can often manage this process themselves with the help of legal templates, such as those provided by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A single parent facing eviction files an affidavit for suspension of court fees related to their housing case, citing their low income and inability to pay.
Example 2: A defendant in a criminal case submits an affidavit requesting the suspension of legal fees due to unemployment and financial distress. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Applicants may need to provide detailed financial disclosures. |
| Texas | Specific forms must be used for family law cases. |
| New York | There may be additional requirements for attorney fee requests in divorce cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Affidavit of Indigency | A document stating the applicant's inability to pay court fees. | Focuses specifically on financial status, not on the suspension of fees. |
| Fee Waiver | A court order that eliminates the requirement to pay certain fees. | May not require an affidavit; can be granted based on other criteria. |
If you believe you qualify for a suspension of fees, start by gathering your financial documents to support your claim. Consider using US Legal Forms to access templates that can help you prepare your affidavit correctly. If your situation is complex or you need assistance, consulting a legal professional is advisable.
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