If you’re navigating a Texas family law case as a pro se litigant and money is tight, there is one document that could save you hundreds — sometimes thousands — of dollars in court costs. Most people have never heard of it.
It’s called the Affidavit of Inability to Pay Court Costs, and if you qualify, it acts as a complete shield against virtually every fee the court system can throw at you.
What Is the Affidavit of Inability to Pay?
The Affidavit of Inability to Pay is an official Texas court form that, when filed and approved, exempts you from having to pay court-related costs because of your financial situation. It is authorized under Texas Rule of Civil Procedure 145, and it is a legitimate, commonly used tool — not a loophole or a trick.
When you file this affidavit, you are declaring under oath that you cannot afford to pay the required costs. The court reviews it, and if approved, those costs are waived.
What Costs Does It Cover?
This is where people are often surprised. The Affidavit of Inability to Pay doesn’t just cover one or two fees — it can shield you from all of the following:
- Filing fees — the fees required to file your original petition, motions, and other documents with the clerk
- Mediator fees — Texas courts frequently order mediation, and mediators charge by the hour; this waiver can cover your share
- Ad litem fees — if the court appoints an attorney ad litem to represent your child’s interests, those fees can be significant
- Amicus attorney fees — similar to an ad litem, an amicus attorney is appointed to advise the court on the child’s best interest; again, potentially thousands of dollars
- Court reporter and transcript fees — if you need a transcript of a hearing for appeal or review, those fees are also covered
- Service of process fees — costs associated with having documents served on the other party
In short — if the court system charges it, the Affidavit of Inability to Pay can cover it.
Who Qualifies?
To qualify, you must demonstrate that you cannot afford to pay court costs. Texas law provides specific criteria — including income thresholds based on federal poverty guidelines, participation in certain public assistance programs (like Medicaid, SNAP, or TANF), or a showing that your income is simply insufficient to cover your basic needs AND pay court fees.
You don’t have to be destitute to qualify. Many working single parents, people in the middle of a job transition, or anyone facing a genuine financial hardship may meet the threshold. The key is that the declaration must be accurate.
The Most Important Requirement: Complete Honesty
I cannot stress this enough: this document is filed under oath.
Every statement you make on the Affidavit of Inability to Pay is a sworn declaration. That means if you misrepresent your income, understate your assets, hide a bank account, or otherwise shade the truth to appear less financially stable than you are — you are committing perjury. In a family law case where your credibility before the judge is everything, that is a catastrophic risk.
Be thorough. Be accurate. Include all income sources — employment, side work, rental income, support payments received, everything. List your actual expenses honestly. If you’re close to the line, file it truthfully and let the court decide. Do not fudge numbers.
If the other side challenges your affidavit and you’ve been less than honest, the consequences go well beyond losing the fee waiver. Your credibility in the entire case can be damaged — and judges remember.
How to File It
The form is available directly from the Texas Office of Court Administration. You can download it here:
👉 Texas OCA — Affidavit of Inability to Pay Court Costs (PDF)
Once completed, file it with the clerk at the same time you file your petition or motion. If you’re filing at a point mid-case where new fees are being assessed (like a court-ordered mediation), file it promptly as soon as those fees are triggered.
The clerk will process it, and if challenged, the court will hold a hearing. Come prepared with documentation — pay stubs, bank statements, bills — to support what you’ve sworn to.
Don’t Leave Money on the Table
Too many pro se litigants quietly pay fees they didn’t have to pay simply because they didn’t know this tool existed. If your financial situation is genuinely difficult, this affidavit could save you real money at one of the most financially stressful times of your life.
If you’re unsure whether you qualify or how to properly complete the form, this is exactly the kind of thing I help my students work through. Let’s talk.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach