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); Monetary Payments - Due Process Required
For purposes of this section, 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. In determining whether a defendant is able to comply with an order to pay a monetary amount without undue hardship to the defendant or the defendant's dependents, the court shall consider: (a) Whether the defendant is experiencing homelessness; (b) The defendant's present employment, income, and expenses; (c) The defendant's outstanding debts and liabilities, both secured and unsecured; (d) Whether the defendant has qualified for and is receiving any form of public assistance, including food stamps, temporary assistance for needy families, Medicaid, or supplemental security income benefits; (e) The availability and convertibility, without undue hardship to the defendant or the defendant's dependents, of any real or personal property owned by the defendant; (f) Whether the defendant resides in public housing; (g) Whether the defendant's family income is less than two hundred percent of the federal poverty line, adjusted for family size; and (h) Any other circumstances that would impair the defendant's ability to pay.
"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."