COURT FEE WAIVER
The court charges its own fees, separate from the ezDivorce.ca fees. The court’s mandatory fees for filing a divorce in Ontario total $632. The court also charges $24 for each optional divorce certificate.
Under certain circumstances, the court may waive all but $10 of the filing fees. The financial eligibility criteria are set out below. To get the waiver, you will need to swear a Request for Court Fee Waiver (which we prepare).
Note: Some courts, including Toronto, will not give a court fee waiver to non-Ontario residents. Also note: If you are doing a joint divorce, both parties must be eligible under the combined tests below.
You are eligible* for the court fee waiver if:
- Your primary source of household income is one or more of:
- income assistance from Ontario Works;
- income support from the Ontario Disability Support Program;
- Old Age Security Pension together with the Guaranteed Income Supplement;
- War Veterans Allowance; or
- Canada Pension Plan benefits.
OR – If none of those apply to you:
- Your household income and assets are LESS THAN the following amounts:
|Number of people|
|1||less than $31,200|
|2||less than $46,800|
|3||less than $54,000|
|4||less than $64,800|
|5 or more||less than $75,600|
|Household liquid assets:||less than $2,600|
|Household net worth:||less than $10,500|
HOUSEHOLD means you, your spouse* and any dependent children. (*For a divorce, your spouse from whom you are separated is not included unless you are doing a joint divorce. In a joint divorce, each spouse must be eligible and the income/asset tests above are combined between both spouses. If only one if you is eligible, that spouse should be the applicant so that you can take advantage of the fee waiver.)
Dependent child means: a) a minor or a child enrolled in a full time program of education, and b) if 21 years old or older, is still under parental control.
Gross annual household income means the amount, before taxes and other non-voluntary deductions such as union dues, of all regular payments of any kind that the members of your household receive in a typical year.
Household liquid assets are any assets owned by the members of your household that are money or can readily be converted into money, such as stocks, bonds, RRSPs or GICs that are not locked in.
Household net worth is the value of all assets owned by the members of your household, minus the amount of all their debts and other financial liabilities.
PROOF OF ELIGIBILITY
- If applicable, proof that you are on OW, ODSP, CPP, etc.
- If #1 is not applicable, you must provide one of the following items as proof of your income (unless you are a full-time student or are otherwise unemployed*):
- an income tax return or notice of assessment for the most recent taxation year from the CRA;
- the most recent statement of earnings from your employer showing total earnings paid this year including overtime or your three most recent pay stubs; or
- the most recent statement of income showing income from employment insurance, social assistance, a pension, workers compensation or disability payments*If you are not able to provide any of these items, additional information will be required.
*NOTE RE KITCHENER AND ST. CATHARINES DIVORCES: Despite its responsibility under Sections 4.3 and 4.4 of Administration of Justice Act, at last check, even if you are eligible for the court fee waiver based on the prescribed financial tests (above), the clerks in these courts refuse to issue fee waivers if you pay a lawyer/agent to assist you with your divorce. So, if you are eligible and want the court fee waiver but have to file in Kitchener or St. Catharines because both you and your spouse reside in that area of jurisdiction, you are on your own. Sorry and good luck.