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.

North Dakota — Fee Waiver & Indigency

North Dakota 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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North Dakota Fee Waiver for Indigency Affidavit Filing

In North Dakota, a party seeking a fee waiver based on indigency must file an affidavit of indigency under the procedures set by N.D.C.C. § 27-01-07 and N.D. R. Civ. P. 5. The governing statute and court rule together define the process for requesting that filing fees and other costs be waived due to an inability to pay. The law directs the court to consider the applicant’s financial circumstances according to the criteria established in the official source. Exceptions and specific factors are detailed in the statute itself. The worked example below illustrates how the calculation applies in a typical scenario. To estimate whether a waiver may be available, use the DocketMath calculator with your financial information.

Governing authority

In North Dakota, the fee waiver indigency rule is set by N.D.C.C. § 27-01-07; N.D. R. Civ. P. 5. The verified packet cites N.D.C.C. § 27-01-07; N.D. R. Civ. P. 5 (https://ndlegis.gov/cencode/t27c01.pdf).

North Dakota fee waiver indigency: governed by N.D.C.C. § 27-01-07; N.D. R. Civ. P. 5. The verified packet cites N.D.C.C. § 27-01-07; N.D. R. Civ. P. 5 (https://ndlegis.gov/cencode/t27c01.pdf).

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.