Guidelines for Waiver of Court Fees

Michigan courts can waive fees in cases where the litigant files SCAO form MC20 and qualifies for the waiver. It is up to the presiding judge to determine whether a person qualifies for the waiver. People who receive IV-D or TANF benefits automatically qualify, but what about those who receive no such benefits? How does the court determine whether a waiver should be granted? What about family size?

The U.S. Department of Health and Human Services compiles Poverty Guidelines. These are based upon both household income and family size.    You can access 2010 HHS Poverty Guidelines in Jeanne's Toolbox to see if a litigant may qualify for a waiver of fees for indigency. These Guidelines will be used for all cases dating from March 2010 through early 2011.

According to a recent Census report, 1 in 7 Americans lives in poverty. The AP reported on September 16, 2010 that the ranks of the working-age poor climbed to the highest level since the 1960s. The current recession has threw millions of people out of work last year, leaving one in seven Americans in poverty.

According to the Census Bureau in an annual report on the economic well-being of U.S. households, the overall poverty rate climbed to 14.3 percent, or 43.6 million people. The report covers 2009. In 2008, the poverty rate climbed from 13.2 percent, or 39.8 million people.

Yen, Hope. 1 in 7 Americans lives in poverty. The Associated Press Online (September 16, 2010)