Pursuant to G. L. c. 261, § 27B, the Chief Justice of the Supreme Judicial Court prescribes the "affidavit of indigency" form that is used in determinations regarding court costs of indigent persons. As you know, the form follows the language of G. L. c. 261, § 27A, providing three different definitions of the word "indigent." The second definition is "a person whose income, after taxes, is one hundred and twenty-five per cent or less of the current poverty threshold established annually by the "Community Services Administration . . ."1
The following table is based on the new Federal Poverty Guidelines, as they appear in the Federal Register of January 15, 2026, Volume 91, No. 10, at pages 1797 and 1798. By multiplying each figure in the Federal Register table by 125%, one gets the following guidelines for use pursuant to G. L. c. 261, § 27A.
Affidavit of Indigency 125% of Current Poverty Guidelines Applicable under G. L. c. 261, § 27A
| Size of Family Unit | 125% of Poverty Guidelines |
|---|
| 1 | $19,950 |
| 2 | $27,050 |
| 3 | $34,150 |
| 4 | $41,250 |
| 5 | $48,350 |
| 6 | $55,450 |
| 7 | $62,550 |
| 8 | $69,650 |
For each additional member of the family unit in excess of 8, add $7,100.
Please inform the appropriate personnel, as soon as possible, of the existence of these standards which are to be used with the affidavit of indigency until new standards are published next year. Also, please note that pursuant to S.J.C. Rule 3:10, § 1(h)(ii), as amended, effective November 1, 2016, this poverty standard applies to appointment of counsel for indigents.
Thank you.
