Part XV - Sliding Scale of Indigency

As amended through June 24, 2024
Part XV - Sliding Scale of Indigency

Under KRS 403.761(4)(a), KRS 431.517(4)(a), KRS 453.190(2), KRS 456.100(4)(a), and KRS 533.250(3)(a), the Supreme Court hereby adopts the following sliding scale of indigency:

Federal Poverty Guidelines Percentage Respondent is to Pay
200%100%
175%75%
150% 50%
125% 25%
100%0%

The Federal Poverty Guidelines are established annually by the U.S. Department of Health and Human Services. The 2023 Poverty Guidelines for the 48 Contiguous States and the District of Columbia may be found in the Federal Register, Vol. 88, No. 12, January 19, 2023, pp. 3424-3425, or as set forth below:

2013 Federal Poverty Guidelines for the 48 Contiguous States
Persons in familyPoverty guideline
1$14,580
2$19,720
3 $24,860
4$30,000
5$35,140
6$40,280
7$45,420
8$50,560
For families with more than 8 persons, add $5,140 for each additional person.

If a judge finds that the fee would impose an undue burden on the respondent, the judge may reduce or waive the fee. The sliding scale is intended only as a guideline for judges, who are encouraged to use discretion in applying the factors listed on Form AOC-275.14 when making an indigency determination.

The sliding scale will be updated annually to reflect the most current Federal Poverty Guidelines.

Adopted by Order 2017-12, eff. 10/5/2017; amended by Order 2023-03, eff. 2/1/2023