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Do I have to be a resident of the county where I want to apply for Civil Indigent Status

I live in Orange county and my ex filed for divorce in Dade County, Florida. Can I file for assistance to have my mediation fee waived in Dade County even though I don't live there?

Moderator Response - The Application for Determination of Civil Indigent Status form is available on this site on the page titled "Civil Indigent". Information about eligibility and a table for household income is also on that page.

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Pay for Mediation under Civil Indigent Status?
by: Anonymous

According to Florida Statute 57.082 a person who has qualified for civil indigent status is not required to pay filing fees. Services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; MEDIATION SERVICES AND FEES; private court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation.

In accordance with F.S. 57.082, prepayment of costs to any court, clerk, or sheriff is not required and payment of filing fees is not required in any action if the party has obtained in each proceeding a certification of indigence.

Florida Statute 44.108: NO MEDIATION FEES shall be assessed under this subsection … against a party found to be indigent

Judith Byrd, Hinkle Legal Document Preparation
Sebring, FL

Residency is not a requirement of indigency statute
by: Gary Tinsley

The statute that provides for waiver of court costs in civil actions for a party who is indigent is FS 57.081. There is no requirement of residency in the county where the action is pending in the statute. You can get the application for Indigent Status from the clerk of court or at www.flcourts.org.

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Free legal help

by Elaine
(Tampa)

Where can I find free legal help? I'm in Hillsborough county Florida. I don't have the money to hire an attorney, and I'm afraid I'll make a mistake filling out the forms myself. I'm trying to file for divorce. We have two small children, and a house together.

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free legal help
by: Connie Allis

Good evening Elaine,

I am a member of the FALDP. If you do not qualify for Legal Aid, I would be willing to help you fill out the documents necessary to bring your case to a successful ending. I would be using the State Approved forms for Florida from the flcourts.org.

We would start off with a telephone conversations to discuss your situation.

You could visit my website: www.clalegaldocuments.com to fill out some basic information or you could email me with the necessary information needed to fill out the documents.

I would then prepare all documents you would need to file with the courts.
I would then email the documents to you to download and print, or I could send a hard copy in the mail. You would need to have them notarized.

The clerk of courts or your bank can notarize your documents.

You would then file the documents with the court.

The rest would be up with your spouse, whether he sign the documents before you file, have him served by the sheriff, whether he responds etc.

You and your spouse do have to take a parenting course before the divorce is seen by a judge.

Depending on your income, the filing fee may be waived.

If you have any questions, please do not hesitate on giving me a call.

Connie Allis
407-488-0197
connieallis@clalegaldocuments.com
www.clalegaldocuments.com


Free Legal Help
by: Staff, FALDP

Bay Area Legal Services is one of the best free legal aid services in the state. Here is the link to the family law page:

https://www.bals.org/our-services/help-with-family-law-issues

On their page titled: "Who Can Get Help", the following is displayed:

"The type of service we provide depends on your legal problem and our resources. In most cases we can assist only clients with limited income and assets, and who are permanent legal residents of the United States. However, we can provide help to:

* Seniors (clients 60 and older) regardless of their income and assets
* Domestic violence victims regardless of their income, assets, and their immigration status
* Applicants seeking help with fair housing issues or foreclosure who have resources above our regular financial guidelines"

So you must income qualify in order to receive services for a dissolution of marriage (unless domestic violence is present).

One of our legal document preparers, a member of FALDP, may be able to help. Please check the member directory on this site, or contact us directly. In some cases, our staff can assist with document preparation. In other cases we refer you to one of our members for help. Member prices for dissolution start at less than.

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Civil Indigent


(Florida)

I'm pretty much living from paycheck to paycheck. I'm trying to get a divorce done but I don't know if I can afford it. I know I can't afford the court costs. Someone told me there is something called a Civil Indigent Form? Will this help me waive the court costs and can you please provide me with one?

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Indigent
by: FALDP Staff

Dear Florida,
Please visit the page on our site titled "Civil Indigent". The form for the Application of Determination of Civil Indigent Status is on that page, and is a free download. The eligibility guidelines are also outlined on that page.In general, if you are low income, unemployed, collecting unemployment compensation, tax supported or collecting disability payments - you likely qualify for civil indigent status.

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Legal Aid?

by Gayle

Hi,
I had to leave my boyfriend because he hit me. I'm glad I'm gone, but now he won't give me my stuff back. He says if I come back we can work things out. I don't want to work things out, I want to get out. I called legal aid and they said they could only help with a divorce, not with getting my stuff. The also said I make too much money, because I'm working. I only make $9.00 an hour. I can't afford an attorney. What do I do? I left with only the clothes on my back and my car.

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Did you file an injunction for domestic violence?
by: Lorna

Dear Gayle,
You don't say where you are (what part of Florida) so I can only go by what I know of the rules that I'm familiar with. The rules may be slightly different where you are. First, yes, it is absolutely true that most of the legal aid societies can only help under very narrow circumstances. They are nonprofits operating on grant money, most of them really are constrained by those guidelines. A shame I know.

If you filed an injunction for protection for domestic violence, you may be able to set up a law enforcement stand-by so that you can go into your house and get your things without your ex bothering you. Following is the link and phone number for the Florida Coalition Against Domestic Violence. Get help if you need it.

http://www.fcadv.org/florida-domestic-violence-hotline-1-800-500-1119

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When to file as a Civil Indigent

by Karin Anderson
((in proxy) Bay County)

Hello! I hope you can point me in the right direction.
My brother in law is on welfare and is very ill. My in-laws state that they do not have the money to bury him if he should die. My brother-in-law and parents in-law live in Panama City Florida. Does my brother-in-law need to file a petition as a Florida Civil Indigent to be eligible for burial services from the state of Florida? If this is not the correct way for my brother-in-law to be declared an indigent can you assist me in what office I need to call to get an answer to my question?

Thank-You,
Karin Anderson

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Owner, Dakota's Document Preparation & Consulting Services
by: Gigi King

Karin Anderson,

If your brother in-law is a supporter of St. Jude Children’s hospital, MedCure can assist you; you can request that the “gift” of his body go to St. Jude’s Medical Research, and the cremains will be returned to the family at no cost. Research this at www.medcure.org 1-866-560-2525 or you can look at other organizations out there.

Some States have special state funds through the county Welfare Department or Social Services Department, the funeral home contacts the county on your behalf.

Contact your local church where your family attended, ask for a memorial service to be held this should reduce funeral expenses just to have your loved one cremated or have an immediate burial, try to talk to the funeral home to reduce the price based on your ability to not pay or pay very little, maybe you can work out a personal payment plan with them, you never know until you ask.

Good luck to you and your family.



Indigent Burial
by: FALDP Staff

Each county in Florida is mandated by the state through Chapter 245 of the Florida State Statutes to dispose of any unclaimed bodies of persons that die within the confines of their county. This program does not assist with funeral expenses. A local funeral home and cemetery are under contract with the Department to provide direct burial or cremation only. There is no viewing at the funeral home and no service at the funeral home or a church.

Cremation requires either the signature of a next-of-kin or a document (such as a will) signed by the deceased.

Veterans may be eligible for burial or internment in the national cemetery in Bushnell, Florida.

Contact the Department of Human Services in your county for specific information.

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Indigent civil defense trust fund

by Linda
(Lake worth, Fla)

I have been certified with Palm Beach Co as indigent and the court has accepted it and transcripts will be sent over to the appeals court. I NEED to file a form so that the court reporters will get paid and it comes from this trust fund and nobody knows how to do it. It does exist I just need this help so I can move forward on my case as they REFUSE to accept my indigent status and will not cooperate. please help. ty

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Mediator for indigent Civil Complaint

by Quinton Smith
(Panama City, FL)

I need a mediator for a Civil Complaint filed in Okaloosa County, FL.I am representing myself pro se in a civil complaint I have been declared indigent by the court. All the mediator want a minimum of $500.00 for their services of which I obviously do not have.

Please advise of a mediator for indigent service.

Thanks,
Quinton Smith

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I need help.
by: Anonymous

I'm overwhelmed with these papers to file for divorce. I live in Orange County.

Mediator
by: Denise at www.docsinaboxfl.com

I spoke with my mediator friend in Tampa. He advised that you may want to contact the Dispute Resolution Center in Tallahassee, 850-921-2910 He advises they are an excellent statewide resource.

Denise Wells
Docs In A Box, LLC
www.docsinaboxfl.com
docsinabox@gmail.com
(561) 315-8390

Mediator in Okaloosa County
by: FALDP Staff

Dear Quinton Smith,

We have a few document preparers in your area. Some of them may also be mediators, please look through our member directory for Okaloosa and surrounding counties. One of our members may be able to give you a local referral also. You don't give much information about your case, but in many circuits the parties are automatically put through mediation before going to a hearing. Small claims court works this way in all circuits that I know of, and there is no additional cost associated with it as far as I know. The court mediation fees are usually part of the filing fee.

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I am Broke & Need Help!!!!

I don't have any money. I have to go to court for child support of my kids. I know I cant afford a lawyer so I don't know what to do. Can I get a free public defender to represent me?

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Public Defender for Child Support
by: Lorna

Dear Broke,
You are asking a more important question than you may know. If you are trying to find out whether you can have a public defender for a child support hearing, you must know that you might be found in contempt of court. And Florida judges routinely order jail time for contempt of court for failing to pay court ordered child support. But, contempt of court, by definition must be willful. If you do not have the ability to pay then it isn't contempt. But, persuading the judge may be a different matter entirely.

For more detailed explanation, please read the following article:

"Case in Brief: Courts Uphold Criminal Penalties for the Failure to Pay Child Support" by Teresa A. Myers

http://www.ncsl.org/issues-research/human-services/archive-case-in-brief-courts-uphold-criminal-pen.aspx

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Civil indigent's right to discovery costs

Is a Florida resident, declared indigent in a civil action, eligible for costs of discovery such as depositions, expert witness, etc...?

Thank you,

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How much can you make to qualify for indigent status?
by: Anonymous

I am a full time student supporting two children, I do receive monies for going to college to live on. I am not currently receiving child support, what is the maximum amount you can get a month in order to qualify for indigent status in Hernando County? If I did qualify, would I have to pay for mediation or would I be excused from paying because of my inability to pay?

Statute for Indigent Status
by: Staff - FALDP

57.081 Costs; right to proceed where prepayment of costs and payment of filing fees waived.—

(1) Any indigent person, ... in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts, sheriffs, and clerks, with respect to such proceedings, despite his or her present inability to pay for these services. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; private court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost or service arising out of pending litigation. ... A party who has obtained a certification of indigence pursuant to s. 27.52 or s. 57.082 with respect to a proceeding is not required to prepay costs to a court, clerk, or sheriff and is not required to pay filing fees or charges for issuance of a summons.

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indigent

by donald
(tampa fl hillsborough)

Do i have to pay probate to get my father's belongings? He had no will and all that he had was $1300 in the bank and a pick up truck which is in inpound and we do not want it.

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Everyone has a Will
by: James N. Middleton

1. I am sorry to hear about your loss.

2. Everyone has a will.

3. To transfer the truck you need a Death Certificate, Title, Current Registration, Transfer form from your County web-site, Proof of Insurance on the child / person you are transferring it to.

4. Look up the closet Legal Document Preparer from this web-site on the page titled "Member Directory" to help you find, locate, complete the forms necessary to complete the transfer of your father's estate.

5. If you cant find a local LDP call me 850-685-3314. I will make a few calls and help you locate a LDP in your area.

And, from FALDP Staff -

You may be able to use a process called "Disposition of Personal Property Without Probate". This process is specifically to reimburse family members for death or funeral expenses. You must be able to show that the final expenses have been paid. The ceiling on that amount is $6000.

If you need more information, you may call James Middleton as he offered, a legal document preparer in your area, or call us directly at 800-515-0496.

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Handicaped housing removes a vital service

I am handicapped with Parkinson's disease and a back problem. I was lucky enough to locate a handicapped accessible apartment through Abilities Of Pinellas. It had everything I required, pro-rated rent, safety shower, bars and wheelchair access,which I will need in the future. I was shown a laundry room with a heavy duty washer and dryer that were commercial and reasonably priced. This was high on my list as I get weak and extensive back surgery prevents me from lifting much. Each tenant had a key to access the laundry.Last year someone broke in and robbed the coin boxes, damaging the washer irreparably. As I mentioned earlier this is a handicapped community and affects everyone It is hugely problematic if you have issues with incontinence, don't have a vehicle, or simply are handicapped with muscle and or strength issues.

Basically my question is this. One of the deciding factors in my renting the apartment was close access to the laundry. Now it is gone, and as my health deteriorates, it becomes more difficult to do minor tasks. I'd like to know if there is any recourse, such as replacing the units, or offering me an apartment with either a laundry room access, or washer and dryer in place, or a washer and dryer hookup. I know they have apartments with handicapped amenities that include everything I require. Do they not have any responsibility to replace or make available this service? What about the the laws? They are required to alter apartments with handicap retrofitting. What can we do, if anything?

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ADA
by: Staff, FALDP

We aren't sure whether your proximity to laundry facilities is a violation of the American's with Disabilities Act (ADA). Our first suggestion is that if you have exhausted all hope of negotiating with your landlords, to contact a county or city ADA representative. There should be some kind of entity that regulates fair housing in your area.

Please check the ADA Guide - found at this link -

http://www.ada.gov/cguide.htm. It includes many contact numbers that might lead you to the person or agency that can help.

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Filing fee increase? - Indigent

by Hank
(St. Petersburg)

My wife and I are not getting along lately. We're contemplating divorce but were not sure yet. We may wait a few months and then decide to but want more information about the process. Is the filing cost of getting a divorce a constant price or will it be going up in price soon? I don't make a lot of cash so I would like to spend as little as possible.

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Re: Filing fee increase
by: Carlos Frontela

As far as I know the filing fee will not be increasing. However, if your income is low enough, you can apply for a waiver of the filing fee and if you qualify all you will have to pay a $25. administrative fee. I have successfully prepared hundreds of fee waiver applications that have been approved. If I can be of further assistance please feel free to contact me at 813-728-1310.

Carlos Frontela
Legal Support Services, LLC
6601 Memorial Highway
Suite 103
Tampa, FL 33615

Editor's Note:

We have not been able to confirm the rumor that filing fees for Florida divorces are going up. There was some discussion n 2010 for people who each had a net income over a certain amount -- I believe it was at least $50,000. each -- would have to pay additional filing fees. But that change did not pass. The Application for Determination for Civil Indigent Status is a one page form that asks about your income, expenses, debts, and assets.

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Legal Aid/Pro Bono for case in another county

by Stefanii
(Fort Myers, FL)

I live in Fort Myers and my ex lives in Miami. Recently he (and his attorney) falsified documents to have the child support changed, by $750.00/mo. We share custody, I have them 24%, he 76%, I make $14,700/yr, he $140,000.00/yr, I live independently, where as he lives with his parents. I could not afford an attorney at the final hearing, which is why he has the kids more often (prior all 3 kids lived with me). I cannot afford an attorney and am now facing homelessness because of the child support modification. I have searched diligently for any type of legal aid or pro bono, but can't because I do not live in the county where the hearings take place and services in my area will not assist is cases post final judgement. There are serious issues going on in his home that are detrimental to the children, the children have declined significantly (oldest has been arrested and attempted suicide) and do not want to live there. I desperately need help and have contacted dozens of agencies to no avail. I need to correct the child support modification ASAP before I end up in jail for contempt, and I need the time sharing plan revised. Does anyone know of any legal aid/ pro bono that can help?

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WHEN DO I FILE INDIGENT WAIVER
by: Connie Allis

Good evening CoCo,

I am not an attorney, but the time to file for Civil Indigent Status, is when you file your forms with the County Clerks Office in the county that you live in. You can find the form here on the FALDP site. www.flcourts.com has all of the forms you need for family law.

If you have any questions, please do not hesitate on givimg me a call.

Connie Allis
407-488-0197
www.clalegaldocuments.com

When to file Indigent waiver
by: CoCo

Hello,

I live in Okaloosa County. I don't know if I am slow or I am just not searching throughly enough, but when do I file my indigent waiver? Do I file this waiver before I try to file for dissolution?, During?, or After?? I cannot find the information anywhere.

I am here to help you
by: Connie M. Schoenung

Stefani,

You are in a crucial time period and need help. I can help you get through this matter. Please contact me and let me be your guidance. I am experienced, professionally and personally in this matter. Please contact me at 904-372-9311 or email me at conniemarie23@gmail.com. Prayerfully, Connie M. Schoenung

Child Support Modification
by: Staff FALDP

Stefani,
Our services are not free, however they are low cost. Our members are private nonlawyer document preparers - many are sole proprietors, others have one or two partners or employees. Please look through the Member Directory on this site, and find a member who advertises in Dade County. Or call 800-515-0496.

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Ex lying on indigent status and motion to dispute child support levy.


(Tampa fl)

Hello my name is Mr. Sullivan

I live in Tampa Fl. My ex has lied on affidavit and indigent status. She has also file a motion for dispute of child support levy. She states her bank accounts were frozen. She states she been paying me child support since she had it modified. This is not true she has not made any payment in eight months. Her indigent form claims she owns a vehicle yet her driving lic. Has been revoked for many years. Plus she never severed me any court order.
What form will I need to request copies of her bank account and proof where she live and how many people live with her in the home. She is also in contempt as well.

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Family Law Interrogatories
by: Staff FALDP

Hi Sullivan,

The Florida Supreme Court's site - www.flcourts.org publishes a set of Standard Family Law Interrogatories which are questions that you can ask of your ex. You can also add additional questions, and request that she produce documents to prove that her statements are true.

The instructions state, in part:

You should use this form to tell the court that you are asking the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. The standard family law interrogatories are designed to supplement the information provided in the Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should carefully read the standard interrogatory forms, Florida Family Law Rules of Procedure Form 12.930(b) and (c), to determine which questions, if any, the other party needs to answer in order to provide you with information not covered by the financial affidavit forms.

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Fraudulent indigency?

by Frank
(Florida)

So my ex wife has filed that she is indigent. The application was accepted. My wife has been known many times even under oath...to lie. I know she is not indigent. I believe she lied on her application to receive free counsel. Who can I get a hold of to see what she wrote on her application? I assume she did not tell the courts about her other accounts and her boyfriends income and the 500 child supports payments I make to her every month. I'm also a little confused about figuring out poverty level at 200 percent....to figure that out you take the number of people in your household. She has her live in boyfriend and a child they have together plus my child and her. That's four...so do I go by four or consider just her and my child to see if she falls within the extreme poverty range? She has defrauded the courts before. She'll do it again. Thanks

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Indigent Status
by: Sheila

Frank-

On the bottom of the Application for civil Indigent status it states as follows:

"A person who knowingly provides false information to the clerk or the court in seeking a determination of indigent status under s. 57.082, F.S. commits a misdemeanor of the first degree, punishable as provided in s.775.082, F.S. or s. 775.083, F.S. I attest that the information I have provided on this application is true and accurate to the best of my knowledge."

If the case is actively in litigation you could file a motion with the court alleging fraudulent indigent status. I do not know how a Judge would rule on that. You could call the clerk's office and see if you could obtain a copy of the Affidavit she filled out since you are a party to the case.

Sheila Smith
Fundamental Document Services, LLC
fundamentaldocs@gmail.com


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