Rule 5.43.Fee waiver denials; voided actions; dismissal

Division 1. Family Rules · Chapter 3. Filing Fees and Fee Waivers · Article 2. Special Procedures · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.43 gives a party 10 days after a fee waiver is denied to pay, refile, or request a hearing — and tells the court what happens to the case if none of that occurs.

Full Text of Rule 5.43

Text sizeJump to: (a) (b)

(a) Voided paperwork

The clerk of the court must void the papers that were filed with a petitioner’s or respondent’s fee waiver application if 10 days pass after notice of the fee waiver denial and petitioner or respondent has not:

(1) Paid the fees owed;

(2) Submitted a new Request to Waive Court Fees (form FW-001) if the fee waiver was denied because the first form was incomplete; or

(3) Requested a hearing using Request for Hearing About Court Fee Waiver Order (Superior Court) (form FW-006).

(b) Effect of voided petition or complaint; dismissal or continuation of case

(1) No response or notice of appearance filed If a petition or complaint is voided under (a) and a response to the petition or complaint has not been filed, or respondent has not appeared in the action, the court may dismiss the case without prejudice. If the court dismisses the case, the clerk of the court must notify the parties.

(2) Response or notice of appearance filed; case continuation or dismissal If a petition or complaint is voided and a response has been filed with the court, or respondent has appeared in the action, the court must:

(A) Review the response, or documents constituting respondent’s appearance, to determine whether or how the case will proceed based on the relief requested;

(B) Notify the parties of the court’s determination; and

End

Plain-English Summary

A denial starts a clock. Ten days after notice of the denial, the clerk must void the papers filed with the application unless the party has done one of three things: paid the fees, submitted a new Request to Waive Court Fees where the denial was for an incomplete form, or requested a hearing on the fee waiver order.

What voiding the petition does to the case depends on whether the other side has shown up. If no response has been filed and the respondent has not appeared, the court may dismiss without prejudice, and the clerk must notify the parties. If a response has been filed or the respondent has appeared, dismissal is not automatic: the court must review the response or appearance to decide whether and how the case proceeds based on the relief requested, notify the parties of its determination, and refund the respondent’s filing fees if it dismisses.

Frequently Asked Questions

What happens if my fee waiver is denied and I do nothing?

Ten days after notice of the denial, the clerk must void the papers filed with the application. If no response has been filed and the respondent has not appeared, the court may then dismiss the case without prejudice.

How do I stop my papers from being voided?

Within the 10 days, pay the fees owed, submit a new Request to Waive Court Fees if the denial was because the first form was incomplete, or request a hearing using Request for Hearing About Court Fee Waiver Order (form FW-006).

Does the respondent get their filing fee back?

Yes, where the court dismisses a case after the petition is voided and the respondent had filed a response or appeared, the court must refund the filing fees the respondent paid.

Amendment History

Rule 5.43 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

Also known as: fee waiver denied family courtpapers voided fee waiverFW-006 request hearing fee waivercase dismissed unpaid filing fee