2.4 In Forma Pauperis Procedures

2.4 In Forma Pauperis Procedures aetrahan Thu, 06/22/2023 - 14:09

Most legal services or pro bono clients cannot pay court costs.1 In some Louisiana parishes, the costs for a simple divorce, without any ancillary matters, can be more than $1,000 if a curator must be appointed for an absentee spouse. Fortunately, an indigent’s right to proceed without prepaying costs (filing fees) is protected by La. C.C.P. arts. 5181–5188. Common unlawful actions against pauper clients in family law matters include: 

  • Preventing a pauper client from filing a new suit or pleading because of unpaid court costs2  
  • Splitting court costs even though the pauper client prevailed3
  • Denying a pauper client a certified copy of the divorce judgment4
  • Charging a pauper client in a domestic violence case for a protective order or taxing her with the costs5
  • Charging curator fees to a pauper client6
  • Holding a client in contempt of court or assessing penalties for failure to pay costs when client lacks financial ability to pay7
  • Using the provision that attorney fees and court costs incurred before a divorce is granted are community obligations to cast the pauper client with costs8

Because it is not uncommon for courts to try to take such actions, be prepared to address the issue with the court and to point the judge to the proper statutes and caselaw.

  • 1For a more extensive discussion, see this manual’s chapter on IFP procedures.
  • 2See Hawkins v. Jennings, 97-1291 (La. App. 3 Cir. 3/6/98), 709 So. 2d 292.
  • 3Holloway v. Holloway, 2000-0173 (La. App. 3 Cir. 6/6/01), 787 So. 2d 600.
  • 4See Yarls v. Yarls, 2009-1173 (La. App. 4 Cir. 1/27/10), 30 So. 3d 1101; Carline v. Carline, 93-1505 (La. App. 1 Cir. 10/7/94), 644 So. 2d 835.
  • 5See Valius v. Valius, 2010-0870 (La. App. 4 Cir. 12/8/10), 53 So. 3d 655; Jimenez v. Jimenez, 05-645 (La. App. 5 Cir. 1/31/06), 922 So. 2d 672.
  • 6See Jones v. Jones, 297 So. 2d 198 (La. 1974).
  • 7See La. R.S. 13:4206.
  • 8See La. C.C. art. 2362.1(A); Malone v. Malone, 257 So. 2d 397 (La. 1972). Such costs and attorney fees can only be satisfied from community assets.