Rule 5.45.Repayment of waived court fees and costs in family law support actions

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 5.45 lets the court, when it enters a judgment or support order, order a party to repay court fees that were waived — and names the forms that order goes on.

Full Text of Rule 5.45

Text sizeJump to: (a) (b)

(a) Determination of repayment required

When a judgment or support order is entered in a family law case, the court may order either party to pay all or part of the fees and costs that the court waived under Government Code section 68637. The court must consider and determine the repayment of waived fees as required by Government Code section 68637(d) and (e). The rule does not apply to actions initiated by a local child support agency.

(b) Required forms

(1) An order determining repayment of waived initial fees must be made on Order to Pay Waived Court Fees and Costs (Superior Court) (form FL-336). An order for payment of waived court fees must be accompanied by a blank Application to Set Aside Order to Pay Waived Court Fees—Attachment (form FL-337).

(2) An order granting or denying a request to set aside an order to pay waived court fees and costs must be made on Order After Hearing on Motion to Set Aside Order to Pay Waived Court Fees (Superior Court) (form FL-338).

End

Plain-English Summary

A waiver is not always the end of the matter. When a judgment or support order is entered, the court may order either party to repay all or part of the waived fees and costs, and it must consider and decide the question the way the Government Code requires. Cases brought by a local child support agency are outside the rule.

The forms are prescribed. An order determining repayment of waived initial fees goes on Order to Pay Waived Court Fees and Costs, and it must go out with a blank application to set that order aside — the party is handed the means to challenge it at the moment they receive it. A ruling on such a request is made on its own form.

Frequently Asked Questions

Can I be made to repay fees the court waived?

Yes. When a judgment or support order is entered, the court may order either party to pay all or part of the waived fees and costs, and must consider repayment as Government Code section 68637 requires.

Does this apply to child support agency cases?

No. Rule 5.45 does not apply to actions initiated by a local child support agency.

How do I challenge an order to repay waived fees?

A blank Application to Set Aside Order to Pay Waived Court Fees must accompany the order itself. The court rules on that request using Order After Hearing on Motion to Set Aside Order to Pay Waived Court Fees.

Amendment History

Rule 5.45 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: repay waived court fees CaliforniaFL-336 order to pay waived feesset aside order to pay waived fees