Fee Waiver (In Forma Pauperis).
If you cannot afford court filing fees, Louisiana law lets you ask the court to waive them. This is called an in forma pauperis (IFP) application. Filing an IFP does not delay your case — it is reviewed at the time of filing.
What IFP covers
La. C.C.P. arts. 5181–5188 govern IFP applications. If granted, IFP waives:
- Filing fees
- Sheriff service fees
- Court reporter fees for transcripts
- Costs of subpoenas for indigent litigants
IFP does not waive:
- Attorney fees (you still have to hire or represent yourself)
- Bond amounts if a bond is required
- Costs assessed against you if you lose
The step-by-step process
Confirm you qualify
There is no bright-line income limit, but generally you qualify if:
- You receive means-tested benefits (SNAP, TANF, SSI, Medicaid, LIHEAP, WIC)
- Your household income is below 125% of federal poverty guidelines
- You have significant unavoidable expenses relative to income
- You have no substantial savings or non-exempt assets
The judge decides. Even if income is moderate, if fees would prevent access to court, IFP can be granted.
Gather financial documentation
Assemble:
- Last two pay stubs (or SSI/SSDI/unemployment/TANF award letter)
- Last two bank statements from every account
- Rent or mortgage statement
- Utility bills
- Any support obligations (child support paid, alimony)
- List of household members and their ages
- Documentation of any benefits (SNAP EBT card, Medicaid card)
Download the affidavit
Fill it out completely and honestly. Every blank matters — missing information can lead to denial.
Sign in front of a notary
The IFP Affidavit must be notarized. Notaries at the Clerk of Court's office often notarize IFP affidavits at no charge (since the whole point is that you cannot pay fees). Bring photo ID.
File with your primary pleading
File the IFP Affidavit at the same time as your main pleading (Petition for Divorce, Petition for Damages, etc.). The clerk will:
- Accept the filing conditionally
- Forward the IFP application to a judge for review
- Wait for the judge's ruling before completing the filing process
Ruling typically comes within a few days.
If granted, proceed normally
Once IFP is granted, your case proceeds without you paying fees at filing or service. You receive a copy of the IFP order — keep this handy in case future court staff need to see it.
If denied, you have options
If IFP is denied:
- You can appeal the denial (rare, and usually not worth the delay)
- You can file a Motion for Reconsideration with additional financial documentation
- You can pay the fees and proceed — but keep the affidavit; you may be able to recover fees if you prevail
- You can contact legal aid, which often waives fees internally through their programs
The affidavit is sworn under oath. Falsely claiming poverty is perjury and can result in dismissal of your case, sanctions, criminal charges, and required repayment of all waived fees. Disclose everything — even embarrassing assets or debts.
Under La. C.C.P. art. 5184, an opposing party can file a traverse of your IFP status if they believe you have hidden income or assets. If successful, they can seek recovery of costs. Full disclosure protects you.
For Protection from Abuse petitions, you do not need to file IFP — La. R.S. 46:2136.1 waives all fees automatically. Same for name changes in some parishes (for domestic violence survivors) and certain small claims filings.