Fee Waiver & Indigency Screener Guide for Georgia
Georgia fee-waiver and indigency rules
This source-backed guide covers US-GA fee waiver indigency authority (O.C.G.A. § 9-15-2 — affidavit of indigence). It does not certify criminal appointed-counsel standards, criminal-cost relief, general service rules, or non-civil fee waivers unless a quoted source below says so.
Georgia — Fee Waiver & Indigency
Georgia uses a discretionary test — there's no bright-line statutory threshold. A judge or clerk evaluates the factors below and rules based on the full financial and situational picture. The calculator cannot compute a specific answer here, but these are the factors a court will weigh.
What the court will weigh
Gather documentation for the factors that apply to your situation — judges grant waivers more readily when the affidavit is specific.
Income from all sources
Gross household income including wages, self-employment, unemployment, disability, social security, pensions, and regular gifts. The court looks at ongoing income, not one-time amounts.
Assets and liquid resources
Cash on hand, bank balances, vehicles beyond one primary car, and non-retirement investments. Primary residence and a single primary vehicle are usually excluded.
E.g. a homeowner with $500 in checking and a ten-year-old car generally still qualifies if income is low.
Dependents and household size
Number of people supported by the household income — typically children under 18, adults with disabilities, and elderly parents you financially support.
Medical and care expenses
Out-of-pocket medical bills, ongoing treatment costs, and care expenses for dependents with special needs. Often the single biggest factor tipping a close case toward eligibility.
Housing and necessary monthly expenses
Rent or mortgage, utilities, transportation to work, groceries, and essential childcare. Courts assess whether income after these commitments leaves enough to pay filing fees without hardship.
Public assistance status
Current receipt of SNAP, SSI, TANF, Medicaid, SSP, or similar means-tested benefits. In 24 jurisdictions, this alone qualifies you automatically — check the "receives public assistance" option above.
Debts and legal obligations
Existing court-ordered payments (child support, alimony, restitution) and ongoing debts that constrain disposable income.
Employment and earning stability
Recently laid off, seasonally employed, or temporarily unable to work? Courts consider near-term financial trajectory, not just current income.
DocketMath supports 32 calculators. Save your matter, run scenarios, and export a PDF with a free account.
Affidavit of Indigence — O.C.G.A. § 9-15-2(a)(1)
Any party unable to pay court deposits, fees, or costs may subscribe an affidavit of indigence; upon doing so the party is relieved of paying costs and has the same rights as if costs had been paid.
9-15-2. (a)(1) When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.
Traverse — O.C.G.A. § 9-15-2(a)(2)
Any other party may contest the affidavit of indigence by verifying under oath that it is untrue; the issue is heard and determined by the court.
9-15-2. (a)(1) When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.
Use the calculator
DocketMath's fee-waiver tool can organize filing-fee and indigency facts once you identify the controlling jurisdiction, case type, and court rule. Use the source panel for the verified source-backed rule.
Open the Fee Waiver calculator
Sources
All sources are official primary law published by www.courtlistener.com.
Corroboration method: spa_subagent_dual_fetch.
Run the numbers for your matter against the verified rule for this jurisdiction.
Calculate now