Rule 5.40.Filing fees

Division 1. Family Rules · Chapter 3. Filing Fees and Fee Waivers · Article 1. Filing Fees and Fee Waivers · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.40 requires filing fees to be paid when papers are filed, points to the statute that sets them, and limits what else a court may charge.

Full Text of Rule 5.40

Text sizeJump to: (a) (b) (c)

(a) Filing fees

Parties must pay filing fees to the clerk of the court at the time the parties file papers with the court.

(b) Authority

The amount of money required to pay filing fees in family court is established by the Uniform Civil Fees and Standard Fee Schedule Act of 2005 under Government Code section 70670 et seq. and is subject to change. The act covers fees the court may charge parties to file the first papers in a family law proceeding, motions, or other papers requiring a hearing. It also covers filing fees that courts may charge in proceedings relating to child custody or visitation (parenting time) to cover the costs of maintaining mediation services under Family Code section 3160 et seq.

(1) The court must not charge filing fees that are inconsistent with law or with the California Rules of Court and may not impose any tax, charge, or penalty upon a proceeding, or the filing of any pleading allowed by law, as provided by Government Code section 68070.

(2) In the absence of a statute or rule authorizing or prohibiting a fee by the superior court for a particular service or product, the court may charge a reasonable fee not to exceed the costs of providing the service or product, if the Judicial Council approves the fee, as provided by Government Code section 70631. Approved fees must be clearly posted and accessible to the public.

End

Plain-English Summary

The timing rule is the simple part: fees are paid to the clerk when the papers are filed. The amounts come from the Uniform Civil Fees and Standard Fee Schedule Act of 2005, and they change — the rule says so rather than reprinting figures that would go stale. The Act covers first-paper fees, motions and other papers requiring a hearing, and the custody and visitation fees that fund court mediation services.

Subdivision (c) is the limit. A court must not charge fees inconsistent with law or with the Rules of Court, and may not impose a tax, charge, or penalty on a proceeding or on filing a pleading the law allows. Where no statute or rule either authorizes or forbids a fee for a particular service or product, the court may charge a reasonable fee not exceeding its cost — but only with Judicial Council approval, and approved fees must be clearly posted and accessible to the public.

Frequently Asked Questions

When are family law filing fees due?

At the time the papers are filed. Rule 5.40(a) requires payment to the clerk of the court then.

Can the court charge a fee that no statute mentions?

Only within limits. Absent a statute or rule authorizing or prohibiting a fee for a particular service or product, the court may charge a reasonable fee not exceeding the cost of providing it, if the Judicial Council approves the fee. Approved fees must be clearly posted and publicly accessible.

What if I cannot afford the filing fee?

Rule 5.41 governs waiver of fees and costs in family law proceedings.

Amendment History

Rule 5.40 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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