This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Delaware — Fee Waiver & Indigency

Delaware 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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. Debts and legal obligations

   Existing court-ordered payments (child support, alimony, restitution) and ongoing debts that constrain disposable income.

8. Employment and earning stability

   Recently laid off, seasonally employed, or temporarily unable to work? Courts consider near-term financial trajectory, not just current income.

Open the full Fee Waiver & Indigency guide

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Delaware Fee Waiver Indigency Request for Court Filing Fees

Delaware law provides a process for individuals who cannot afford court filing fees to request a waiver based on indigency. The governing authority is 10 Del. C. § 8802 and Del. Super. Ct. Civ. R. 79, which establish the legal framework for fee waivers in civil cases. Under this rule, a person may seek relief from paying filing fees by demonstrating an inability to pay, as defined by the statute and court rules. The official source at https://delcode.delaware.gov/title10/c088/ contains the exact criteria and procedures. The worked example below shows how the court applies the verified figures from § 8802 to determine eligibility. To estimate a specific result, the DocketMath calculator uses the same statutory framework.

Governing authority

In Delaware, the fee waiver indigency rule is set by 10 Del. C. § 8802; Del. Super. Ct. Civ. R. 79. The verified packet cites 10 Del. C. § 8802; Del. Super. Ct. Civ. R. 79 (https://delcode.delaware.gov/title10/c088/).

Delaware fee waiver indigency: governed by 10 Del. C. § 8802; Del. Super. Ct. Civ. R. 79. The verified packet cites 10 Del. C. § 8802; Del. Super. Ct. Civ. R. 79 (https://delcode.delaware.gov/title10/c088/).

Estimate your own result: every situation has exceptions that can change the outcome. Use the fee waiver indigency calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.