A Minor’s Compromise is when an adult signs on behalf of a child so the child can receive money. The law doesn’t allow the child to sign until s/he becomes an adult.
What is the filing fee?
Click here for filing fees.
What if I Cannot Afford to Pay the Filing Fee?
Requesting That Fees Be Waived
If you are getting public benefits, are a low-income person, or do not have enough income to pay for your household’s basic needs and your court fees, you may ask the court to waive all or part of your court fees. To ask for a fee waiver:
- Carefully read the Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO) to determine if you qualify
- Fill out the Request to Waive Court Fees (form FW-001)
- Fill out sections 1, 2, and 3, of Order on Court Fee Waiver (FW-003)
- Turn in these forms to the clerk along with the other documents you are filing (example: complaint, petition, answer, etc.)
You may be ordered to go to court to answer questions about your ability to pay court fees and costs and to provide proof of eiligibility.
Granting or Denial of Fee Waiver Request
You will receive an Order on Court Fees Waiver (form FW-003) telling you if your request was granted (approved) or denied. The Order will explain how to proceed. Act quickly - you only have 10 days from the date the Order is mailed to you to comply with the order or exercise your options if your request was denied.
Paying Back Filing Fees
Even if your fees are waived at first, you may have to pay them back later:
- If your finances improve you must tell the court within five days. Fill out the Notice to Court of Improved Financial Situation or Settlement (form FW-010) and file it with the court. You may be ordered to repay any amounts that were waived.
- If you receive a judgment or support order in a family law matter you may be ordered to pay all or part of your waived fees and costs if the court determines that you can afford to pay. You can ask the court for a hearing if the court makes such a decision.
- If you win your case in most circumstances the other side will be ordered to pay your waived fees and costs to the court. The court will not enter a satisfaction of judgment until the court is paid.
- If you settle your civil case for $10,000.00 or more any waived fees and costs must first be paid to the court out of the settlement. The court will have a lien on the settlement and may refuse to dismiss the case until the lien is satisfied. A request to dismiss the case must reflect that the waived fees and costs have been paid.
The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, the court can start collection proceedings.
Forms - Current forms are available online at www.occourts.org
- MC-350 Petition to Approve Compromise of Claim
- MC-351 Order Approving Compromise of Claim
- MC-355 Order to Deposit Money into Blocked Account
- MC-356 Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account
Click here for Minor’s Compromise packet
The Court may approve the petition as requested or make other orders as appropriate. Certain requests may be denied.
You may request the first continuance by email. Click here for more information
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- Petitioner must be the parent, guardian or guardian ad litem
- Filing Fees
- Siblings shall be permitted to file under the same case number; however, there shall be a separate petition and order for each minor
- Petitioner must be the guardian ad litem
- File at the Probate Clerk’s Office or eFile
- A copy of the first page of the following must be attached to the petition: The Complaint, Amended Complaint, Cross Complaint and any Dismissals (from the civil case)
- A copy of the entire document of the following must be attached to the petition: Order Appointing Guardian Ad Litem and any awards of arbitrator with no trial de novo having been requested (from the civil case).
- Upon filing the documents, you will be given a hearing date.
Petition to approve a compromise will not be approved without an Attachment 14a to the petition. Attachment 14a to the petition must include a declaration from the attorney setting forth all the facts and circumstances in order to determine reasonable fees.
The Court will require the filing of a recent report by the examining or attending physician in lieu of an appearance by the physician. The medical report should be filed with the petition or at least 5 days before the hearing date.
When the matter is approved, the order will be signed by the Court and you will receive a conformed copy, if a copy is provided.
For blocked accounts, the original order for deposit will be signed and filed. The copies will be returned to counsel. The Receipt and Acknowledgment of Order (MC-356) is to be delivered to the banking institution to establish the blocked account and is to be completed by the institution and returned to the Probate Clerk’s Office.
If your settlement included a structured settlement/annuity, the defendant must purchase the annuity. Counsel/party must then file a declaration under penalty of perjury stating they have reviewed the original annuity, attaching a copy of the annuity. Should the original be unavailable, the declaration should so state and the annuity company must then provide a declaration under penalty of perjury stating the copy is a true and correct copy of the original annuity.
When the petition is approved, the Court will set a hearing for an Order to Show Cause re Compliance. Counsel/parties are ordered to return on that date. The Receipt and Acknowledgment of Order (MC-356) and /or the declaration re annuity stated above are to be filed no later than four court days prior to the hearing date. If proper, the hearing date will be ordered off calendar. If they are not filed or are insufficient, one continuance may be requested at the hearing.
The funds in the blocked accounts are the minor’s funds and shall not be withdrawn without a court order. Should a need for funds arise, the party must submit a Petition for Withdrawal of Funds from Blocked Account (MC-357), Order for Withdrawal of Funds from Blocked Account (MC-358), and appropriate documentation. The Court will consider the request for funds and may approve or deny the request, or set the matter for hearing.