C.S.
C.S. v. W.O.
Opinion
Lead Opinion
Manella, J.
Appellant C.S. submitted two applications for waiver of court fees and costs based on her receipt of public benefits. The trial court *26 denied the applications, concluding in the exercise of its discretion that appellant was not entitled to such waiver because she received financial assistance from family and friends. Finding that appellant met the statutory requirements for a fee waiver and that the relevant statutes do not permit a court to deny a fee waiver to an applicant who meets such criteria, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
Appellant C.S. was involved in a family law dispute with her ex-boyfriend, W.O., over the custody of their daughter, H. In 2009, appellant requested and was granted a fee waiver that allowed her to participate in the family law proceeding without paying court fees.
A. April 8, 2013 Order
On March 4, 2013, trial to determine the custody issue began. Prior to trial, the court conducted a fee waiver hearing, and determined that appellant would not be required to contribute to the cost of having a reporter present. After the court rendered its decision on the custody issue, appellant, wishing to appeal, paid $1,000 to obtain an…