Indigency FAQ | Texas Family Law Powerhouse

Question 1

Can an indigent person be ordered to pay court costs and attorney fees in Texas?

Accepted Answer

This question has been addressed in 6 Texas court opinion(s), including Griffin v. Cruz. Success in the appellate court requires more than just a good argument; it requires strict adherence to administrative deadlines. Failing to pay filing fees or arrange for the record—or failing to prove you cannot afford them—can result in your appeal being dismissed before the court ever considers the merits of your case.

Question 2

Can I get court fees waived if I can't afford them in Texas?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including In the matter of the name change of D. A. M.-F.. Texas Rule of Civil Procedure 145 is a mandatory procedural framework, not a suggestion. A trial court cannot "informally" bypass the requirements for an indigency claim; any order to pay costs must be preceded by a formal motion or inquiry, ten days' notice, and a full evidentiary hearing.

Question 3

Can Texas inmates with trust account money still qualify for indigent status?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Reginald Donell Rice v. Texas Department of Criminal Justice. When facing a family law filing from an incarcerated parent, immediately subpoena their certified inmate trust account statement; any discrepancy between their deposits and their affidavit of indigence allows for a dismissal under Chapter 14 without the need for a hearing or service of process.

Question 4

How can a court clerk or court reporter challenge someone's claim of being too poor to pay court fees?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In the matter of the name change of D. A. M.-F.. Texas Rule of Civil Procedure 145 is a mandatory procedural framework, not a suggestion. A trial court cannot "informally" bypass the requirements for an indigency claim; any order to pay costs must be preceded by a formal motion or inquiry, ten days' notice, and a full evidentiary hearing.