Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
Litigation StrategiesOpinion LibraryOur TeamFAQConsultation
Litigation StrategiesOpinion LibraryOur TeamFAQ
FAQ/Question

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

This question has been addressed in 1 Texas court opinion:

In the matter of the name change of D. A. M.-F.

COA08 — February 11, 2026

After a father filed a Statement of Inability to Afford Payment of Court Costs in a minor's name-change proceeding, the trial court ordered him to pay a $350 filing fee despite the statement being uncontested. The El Paso Court of Appeals reversed the order, analyzing Texas Rule of Civil Procedure 145. The court held that an uncontested Statement of Inability is conclusive as a matter of law and that a trial court abuses its discretion by ordering payment without providing the mandatory ten-day notice and conducting a formal oral evidentiary hearing.

Litigation Takeaway

“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.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
© 2026 JDBOT.US, LLC. All Rights Reserved. Attorney Advertising.
Information provided on this site is for educational purposes only and does not constitute an attorney-client relationship.
Created with by Thomas J. Daley
Attorney Login