How to calculate fee waiver & indigency screener in New York

Quick takeaways

• New York’s fee waiver—often discussed as “poor person” status—is authorized by N.Y. CPLR § 1101, which allows the court to grant permission to proceed as a poor person on motion and requires an affidavit showing the amount and sources of income.
• DocketMath’s fee-waiver-indigency calculator for US-NY helps you turn those required affidavit facts into a structured, court-ready checklist—especially for spotting missing or mismatched information before you file.
• There is not a single “pass/fail” poverty percentage stated in the text you provided for CPLR § 1101. Instead, the statute focuses on the procedural mechanism (motion + affidavit) and the content of that affidavit (including income amount and sources).
• The goal of the screener is to help you assemble a complete factual packet, not to “guess a threshold.” Your final submission should align with what CPLR § 1101 requires.

Inputs you need

Before you run DocketMath’s fee-waiver-indigency calculator for US-NY, collect the information that maps to what N.Y. CPLR § 1101 expects to appear in your affidavit—especially the amount and sources of income.

Core affidavit inputs (CPLR § 1101-aligned)

1. Total monthly income amount

   • Enter the total and keep the basis consistent (typically monthly figures).
2. Income sources

   • Examples: wages, unemployment, child support, SSI/SSDI, retirement, disability, rental income, other benefits.
3. Whether income is steady or sporadic

   • This affects how you explain/average income when it varies.
4. Any dependents (context)

   • The statute excerpt you provided stresses income amount and sources. Still, courts often look at the overall financial picture behind “poor person” status, and dependents can help explain that picture.
5. Recent pay/benefit documentation

   • Use recent statements so the numbers you enter can be supported.

Optional-but-practical inputs for better screening

Even though your strongest statute-aligned focus is income amount + sources, adding a few practical details can make your packet internally consistent:

• Current employment status (employed / part-time / unemployed)
• Monthly household expenses (rent, utilities, food, transportation)
• Known liabilities (for example, child support obligations; debts affecting cash flow)

Gentle reminder: Expenses/liabilities are not explicitly the focus of the statutory excerpt above, so treat them as supportive context. The affidavit content requirement called out in CPLR § 1101 is the income amount and sources.

Calculator inputs checklist

Before clicking /tools/fee-waiver-indigency, verify:

• Your monthly income totals are rounded and consistent (e.g., nearest dollar)
• Each income source has a label (what it is) and an amount
• You can reference documents for each income stream (statements dated within the last 1–3 months when available)
• You have a clear method for irregular income (e.g., recent month vs. average)
• Your narrative (if you add one) matches the numbers you enter

How the calculation works

DocketMath’s fee-waiver-indigency calculator for US-NY is designed as a jurisdiction-aware screener based on N.Y. CPLR § 1101. The statute authorizes proceeding as a poor person on motion and requires an affidavit that includes the amount and sources of income.

Step-by-step: what the screener does

1. Captures your income totals

   • You enter income amounts in a consistent period (typically monthly).
   • The screener aggregates amounts across the sources you list.

2. Checks whether income is properly “sourced”

   • Since CPLR § 1101 requires an affidavit showing the sources of income, the screener emphasizes whether each figure you enter has a corresponding source category.
   • If you enter one total without breaking it into categories, your results may indicate a documentation weakness.

3. Highlights information gaps before you file

   • If the calculator sees totals with missing categories (or categories that look incomplete), it will push you toward adding the missing “amount + source” details needed for an affidavit aligned with CPLR § 1101.

4. Produces an output you can use to build your filing packet

   • The output is meant to help you prepare a structured affidavit draft/checklist so your final submission is easier to reconcile with your supporting documents.

Default time period: general rule, no claim-type-specific sub-rule found

In this New York configuration, the screener uses the general/default period for indigency-style affidavit inputs—because no claim-type-specific sub-rule was found. Practically, that means you should keep your entries consistent with the most recent reliable reporting you have (typically monthly figures), so your affidavit remains coherent under CPLR § 1101’s affidavit content requirement.

Understanding how outputs change

Your DocketMath output will generally become stronger (more affidavit-ready) when:

• You provide multiple income sources with clear labels
• You enter amounts with corresponding sources (directly aligned to the affidavit requirement in CPLR § 1101)
• You handle irregular income with a consistent method you can explain (e.g., average over a defined recent period)

Your output may show risk/needs review when:

• Income appears as one lump sum with no breakdown into sources
• You omit entire categories that exist in your real cash flow (e.g., benefits you receive)
• Your numbers are inconsistent with your statements (common when converting between annual/monthly figures)

Where DocketMath fits in (non-legal advice)

This tool can help you organize the facts you’ll present and identify missing affidavit elements. It does not replace judicial discretion or local court practice. For filing, follow the specific court’s submission rules and ensure your affidavit aligns with N.Y. CPLR § 1101.

To start screening now: /tools/fee-waiver-indigency

Common pitfalls

These are frequent issues that derail fee waiver efforts in New York, translated into “what to watch” in your DocketMath inputs.

1. Leaving out income sources

   • CPLR § 1101 requires an affidavit listing the sources of income.
   • In the calculator, this often looks like missing source categories for your totals.

2. Mixing reporting bases

   • Example: entering annual gross where you mean monthly net (or mixing monthly and quarterly without converting).
   • DocketMath works best when inputs are consistent for the selected timeframe.

3. Forgetting non-wage income

   • If you receive benefits (SSI/SSDI, unemployment, disability), child support, or rental income, those categories should be included as applicable.
   • Entering only wages can make the affidavit story incomplete.

4. Unclear handling of irregular income

   • If income fluctuates, decide on a consistent approach (most recent month vs. an average) and make sure your explanation matches your numbers.
   • Coherence issues can show up as “needs review” style flags.

5. Assuming a claim type has a separate indigency rule in New York

   • For this New York configuration, no claim-type-specific sub-rule was found in the screening logic.
   • The screener follows a general/default period approach consistent with the statute excerpt’s affidavit-focused structure.

Sources and references

• N.Y. CPLR § 1101 — Proceeding as a poor person (motion + affidavit content requirement)
  https://www.nysenate.gov/legislation/laws/CVP/1101

Statute excerpt (from provided text):
“Upon motion of any person… the court… may grant… permission to proceed as a poor person… The moving party shall file an affidavit setting forth the amount and sources of his or her income…”

TODO (citation integrity): If you want, share additional New York practice resources or specific court rules for your venue, and I can align this guide more precisely to local filing conventions (without giving legal advice).

Next steps

1. Run DocketMath’s New York screening

   • Go to /tools/fee-waiver-indigency and enter your income amounts and sources.
2. Reconcile calculator inputs with your documents

   • Pay stubs and benefit statements should match what you enter (including conversions like annual-to-monthly).
3. Build your affidavit around “amount + source”

   • Structure your affidavit so every number you present has a supporting source category, consistent with CPLR § 1101.
4. Do a final completeness pass

   • Confirm you did not omit an income stream.
   • Confirm your reporting basis is consistent (e.g., monthly equivalents).

Related reading

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• How to file in forma pauperis in Arizona — Direct answer to the question