3.9.3 IFP Considerations

Indigent clients may be able to proceed without paying court costs as they accrue under Louisiana’s in forma pauperis procedure. These are discussed in more detail elsewhere in this manual.1

Because the clerk of court in most parishes wants to get paid, if an indigent client is assessed costs, this author generally recommends that they go to the clerk’s office and arrange to pay a de minimis monthly amount on the bill for costs. Depending on the court, doing so may avoid the clerk seeking a judgment against the client for unpaid court costs. This advice is always given with the understanding that paying the costs should not come before providing the basic necessities of food, shelter, clothing, and medicine for clients and their children.

In some cases, the ability of the Louisiana court to order “quasi in rem” decrees (e.g., costs) against the defendant who has had no minimum contacts with Louisiana and who has not subjected himself personally to the jurisdiction of the court, will not be possible. 

• 1For a detailed discussion, see this manual’s chapter on IFP procedures. Section 8.2 of that chapter identifies some concerns specific to an IFP divorce proceeding.