You have to fill out Form 3B - The Application to waive the fee. That's where you disclose your primary assets and income. If your spouse has income, you probably won't qualify.
I think you are asking the Bankrptcy Court to waive the filing fee of $306 for a Chapter 7. It does not sound like you had the assistance of an attorney. You must disclose your spouse's income as you live in California, and you must list all of your separate and community property assets. Some courts require that you meet with the judge before granting a waiver of the fee. The trustee will also question you at the meeting of creditors and if it is disclosed that there is additional undisclosed income, assets, etc. the order granting a waiver of the fees can be resciinded. . Some judges will not grant a waiver of the filing fee is you had an attorney, but they may allow you to make the payments in 4-5 installments. You really should consult with an experienced bankruptcy attorney. Most offer free consultations and reasonable fees.
Nothing in this response should be construed as legal advice, or establishing an attorney-client relationship.
I agree with my fellow lawyers. It sounds like you want to apply for a fee waiver. You must disclose total family income on the application. You also must present your complete BK package at the same time.
You generally have to provide a copy of your schedules or at least the information for all of your household income. In order to qualify for a fee waiver you have to be 150% below the poverty line, and be unable to make payments towards the filing fee.
Your best option may be to request for payments in installments.
This is at least for the Eastern District in California
You should consult an attorney for advice regarding your individual situation. Nothing in this response nor any communication shall be deemed to be a guarantee, warranty or prediction of the outcome of any case. This communication does not create an attorney-client relationship nor does it create an attorney-client privilege. Susan Dodds only practices in California. You should consult with an attorney immediately that is familiar with cases in your area. We are a debt relief agency, we help people file for bankruptcy under the bankruptcy code.