If I am a respondent, why do I have to pay a filing fee? Also can an Inmate in a CSP request spousal support?

I was told I have to pay a filing fee for responding to the petition or request a fee waiver.

Los Angeles, CA -

Attorney Answers (4)

Barbara Peyton

Barbara Peyton

Family Law Attorney - Sacramento, CA
Answered

Each party to an action has to pay a filing fee because California is a no fault divorce state and because the Court system needs the money. If a party is low enough on the income scale, he/she may qualify for a fee waiver.
I don't think an inmate can qualify for spousal support because one of the things the court looks at is the asking party's need which is zero if that person is being housed, clothed and fed. One of the other things the court looks at is whether the asking party has the ability to work. If incarcerated, probably not much possibility of that.

Antoinette Cara Liewen

Antoinette Cara Liewen

Real Estate Attorney - Camarillo, CA
Answered

Everyone -- Petitioner & Respondent -- has to pay filing fees. If you cannot afford the fee, you can request a Fee Waiver.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
Emily M De Falla

Emily M De Falla

Family Law Attorney - Walnut Creek, CA
Answered

The fee is for the "use" of the court system. It does not matter whether you're petitioner or respondent.

This answer is for general informational purposes only and should not be considered legal advice. The posting of... more
Robert Andrew Michael Burns

Robert Andrew Michael Burns

Family Law Attorney - San Diego, CA
Answered

Q#1: Yes, unless the forum in a Family Support Division Court or you are granted a waiver of fees and costs.

Q#2: If you want an answer from me you will not abbreviate "CSP".

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.