California

Family Law

Family Law

Rule 5.40 – Filing fees

(a) Filing fees

Parties must pay filing fees to the clerk of the court at the time the parties file papers with the court.

(b) Authority

The amount of money required to pay filing fees in family court is established by the Uniform Civil Fees and Standard Fee Schedule Act of 2005 under Government Code section 70670 et seq. and is subject to change. The act covers fees the court may charge parties to file the first papers in a family law proceeding, motions, or other papers requiring a hearing. It also covers filing fees that courts may charge in proceedings relating to child custody or visitation (parenting time) to cover the costs of maintaining mediation services under Family Code section 3160 et seq.

(c) Other fees

(1) The court must not charge filing fees that are inconsistent with law or with the California Rules of Court and may not impose any tax, charge, or penalty upon a proceeding, or the filing of any pleading allowed by law, as provided by Government Code section 68070.
(2) n the absence of a statute or rule authorizing or prohibiting a fee by the superior court for a particular service or product, the court may charge a reasonable fee not to exceed the costs of providing the service or product, if the Judicial Council approves the fee, as provided by Government Code section 70631. Approved fees must be clearly posted and accessible to the public.

Cal. R. Ct. 5.40

Rule 5.40 adopted effective January 1, 2013.