Ability to Pay and the Affordability of Fines and Fees

Using data from the Urban Institute’s 2024 Well-Being and Basic Needs Survey, the Tax Policy Center produced a factsheet examining the prevalence of ability to pay inquiries and affordability options. The authors found that most people were not asked whether they could pay the fines and fees they were charged. When alleviation measures or payment alternatives were offered, payment plans were more common than reductions, waivers, or community service. As an intermediate step to eliminating fines and fees, and discharging related debts, the authors urge state and local governments to routinely consider individual’s ability to pay fines and fees. 

Key Findings:

• Overall, only 5 percent of people with court debt reported that court or government staff asked whether they could afford to pay them. 
• Of those facing court- or incarceration-related costs, 10 percent were asked about their ability to pay, compared with just 3 percent of those with only parking or traffic tickets.
• Whether or not they were asked about their ability to pay, 17 percent of all people with fine or fee debt were offered payment plans. For adults with traffic or parking tickets only, payment plans were offered in 11 percent of cases, and 38 percent of criminal/incarceration-debt cases. 
• Community service and waiver or clearance of the amount charged were offered in only 4 percent of cases. Other classes or programming alternatives were offered in 7 percent of cases.