Tuesday, April 7, 2009

FILING FEES

In the summer of 2008, there was an increase in court filing fees that occurred state wide. What was more shocking for most of us was not that the courts were charging $408.00 rather than $363.00 for a new divorce filing, but that there would be a $295.00 charge for all counter-petitions. Seems like many people around the state are in an uproar over the charge for a counter-petition for dissolution of marriage. Apparently some county clerks (though not Ken Burke here in Pinellas County) are continuing to charge this fee even after the Attorney General issued a formal opinion that stated that the filing fee for counter-petitions was not authorized in family law cases. Now the clerks of the court are subject to a class action suit which has been filed in Hillsborough County about the wrongful charging of these filing fees. It'll be interesting to see how this all pans out, but I would hope that the clerks would have to return these fees to the people who have already paid them and to stop collecting the fees from future counter-petitioners.