California

Family Law

Family Law

Rule 5.45 – Repayment of waived court fees and costs in family law support actions

(a) Determination of repayment required

When a judgment or support order is entered in a family law case, the court may order either party to pay all or part of the fees and costs that the court waived under Government Code section 68637. The court must consider and determine the repayment of waived fees as required by Government Code section 68637(d) and (e). The rule does not apply to actions initiated by a local child support agency.

(b) Required forms

(1) An order determining repayment of waived initial fees must be made on Order to Pay Waived Court Fees and Costs (Superior Court) (form FL-336). An order for payment of waived court fees must be accompanied by a blank Application to Set Aside Order to Pay Waived Court Fees-Attachment (form FL-337).
(2) An order granting or denying a request to set aside an order to pay waived court fees and costs must be made on Order After Hearing on Motion to Set Aside Order to Pay Waived Court Fees (Superior Court) (form FL-338).

Cal. R. Ct. 5.45

Rule 5.45 adopted effective January 1, 2013.