Background
C.M., a self-represented litigant, appealed from a Family Court of the Third Circuit decision in a child support matter (Case No. 3FPA-23-0000110). C.M. filed a notice of cross-appeal in response to an appeal by the other party, A.D., with the Child Support Enforcement Agency also a respondent. However, C.M. did not pay the required appellate filing fees upon submitting the cross-appeal.
On April 30, 2026, the appellate clerk entered a “Notice of Non-Payment” informing C.M. that payment of the filing fees was required by May 11, 2026, or C.M. could alternatively file a motion for leave to proceed in forma pauperis (without paying fees). The notice warned that failure to comply would result in dismissal of the appeal under Hawaiʻi Rules of Appellate Procedure Rule 3(a).
The Court’s Holding
The Intermediate Court of Appeals dismissed the cross-appeal. C.M. failed to pay the appellate filing fees by the May 11, 2026 deadline and did not file a motion for leave to proceed in forma pauperis or otherwise request a fee waiver. Because C.M. took no further action to cure this deficiency and did not comply with the procedural requirements, the court ordered dismissal of the cross-appeal.
Key Takeaways
- Self-represented litigants must comply with appellate filing fee requirements and deadlines, just as represented parties must.
- Failure to pay filing fees or obtain in forma pauperis relief by the deadline results in automatic dismissal of the appeal.
- The appellate court’s notice of non-payment serves as the required warning and opportunity to cure before dismissal.
Why It Matters
This decision underscores that appellate procedure requirements apply uniformly to all litigants, regardless of whether they are self-represented. The court will not waive procedural compliance based on pro se status. Litigants who cannot afford filing fees must affirmatively request in forma pauperis relief rather than simply ignoring the fee requirement.
For self-represented parties in family law matters, this reinforces the importance of carefully tracking appellate deadlines and filing fee obligations. Failure to do so can result in loss of appellate rights entirely, even when the underlying merits of the appeal might have been colorable.
✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.