HMCS staff hardly ever mention that quite often some remission or even full exemption from Court fees is possible for litigants making family court applications of any nature (children, financial, swearing affidavits, appeals, etc)-even photocopying at the court counter!

                                       1)     DADS ON BENEFITS  

                                                      (WORKING AND NOT WORKING)

Generally, if you are in receipt of any means tested State benefit (Jobseekers, Income Support, Working Tax Credit) then you have an automatic right to fee free court applications.

Housing/Council Tax benefit helps but is not on it's own an automatic right to exemption from fees.

ASK FOR THE FEES REMISSION/EXEMPTION FORM EX160 at the Court or follow the link below and hand/post in with your court application.

   HMCS Fees remission forms and guidance notes.

VERY IMPORTANT.  To speed up the exemption application process, attach to the EX160 application the most recent copies of entitlement letters to benefits AND your latest Bank Statement or payment books to show you still receive the money!

A print out from your Bank branch on the day is usually best as HMCS staff usually ask to see your latest payments.

*** Filling out the EX160 can also be used to dodge the fee HMCS charge for swearing affidavits, photocopying things at the counter for you, etc or indeed ANY Court fee.

     HMCS Fees remission forms and guidance notes.

                                   2)  WORKING DADS     

                        (NOT RECEIVING WORKING TAX CREDIT)    

For DADS not receiving any form of state benefits still complete the EX160 Fees Remission form unless your are very wealthy!

If your nett earnings (after Tax, living costs, etc) are not particlarly high (and if they are the CSA have probably reduced them somewhat!) still get the form, complete it and attach proof of CSA payments, Mortgage/Rent, Wages, (or last Self Assessments from the Tax office if self employed) and your very latest Bank Statements (that days' print out from the Branch is best) when you file or post in your court application.

What you are left with AFTER living/CSA costs is what determines the remission of fee you can have.

There's more to fill out if you work (but is n't everyone on your case if you are a working male sepearted from your kids anyway?) but hey, the system is going to screw you financially, emotionally and in any other way it can starting at the court office counter so even if you can only get a bit off the fee, GO FOR IT!

Have all the proof of earnings, outgoings, etc ready to attach to the court application, make sure it's all the most recent stuff too, a lot of HMCS staff just love posting it all back to you if it's not complete!! and that will delay your court application.

With applications to file or defend petitions for Divorce, Permission to Appeal, contact and residence applications costing anything up to nearly £300 a time (rising yearly) and even having documents photocopied at the court counter costing a flat £5 for the first ten sheets, apply for exemption for all of it, including swearing affidavits and photocopies!

    HMCS Fees remission forms and guidance notes.

                                                                                                         Family Court HELL

                                                                                                         Mark Harris

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