I'm looking for model ability to pay language. -Montana's provision seems to apply before imposition. -Michigan and Colorado have a useful list of factors. -Process in Idaho streamlined. -Wisconsin has language on presumptions, e.g. receipt of means tested benefits.
Wis. Stat. § 814.29(1); Security for costs, service and fees for indigents
In determining the persons ability under this subdivision
to pay or give security for fees and costs, the court shall
consider the persons household size, income, expenses, assets
and debts and the federal poverty guidelines under 42 USC 9902
The defendant or person seeking an order not to pay security for costs files an affidavit to the court stating briefly the nature of the cause and evidence of their indigence. The court, by judicial conference, then makes a determination of defendant's poverty
Idaho Code § 31-3220; Inability to pay fees Definitions Affidavit
d) "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action.
No prepayment of fees, costs or security required
Mont. Code Ann. § 46-18-232; Payment of costs by defendant
Waive or reduce fee
Colo. Rev. Stat. § 18-1.3.702(4); Undue hardship considerations
"the ability to comply with the court's order to pay a monetary amount due without undue hardship to the defendant or the defendant's dependents and that the defendant has not made a good-faith effort to comply with the order." " "a defendant or a defendant's dependents are considered to suffer undue hardship if he, she, or they would be deprived of money needed for basic living necessities, such as food, shelter, clothing, necessary medical expenses, or child support."