§607-5.6  Surcharge for parent education for
separating parties in matrimonial actions, where either party has a minor
child, and for parties in parentage actions; special fund.  (a)  In
addition to the fees prescribed under section 607-5 for a matrimonial action
where either party has a minor child, or a family court proceeding under
chapter 584, the court shall collect a surcharge of $50 at the time of filing
the initial complaint or petition.  In cases where the surcharge has been
initially waived, the court may collect the surcharge subsequent to the filing
with such surcharge to be assessed from either party or apportioned between
both parties.



(b)  No surcharge shall be assessed:



(1)  Against any party who has received an initial
waiver of filing fees, except that the court may subsequently determine that a
party has the financial ability to pay the surcharge; or



(2)  Against any party proceeding on behalf of
the State or any of the various counties.



(c)  Surcharges subject to this section shall
be limited to one surcharge per case.



(d)  There is established within the state
treasury the parent education special fund into which shall be deposited
revenues assessed under subsection (a), interest and investment earnings,
grants, donations, and contributions from private or public sources.  The fund
shall be administered by the judiciary, subject to the conditions specified in
subsection (e).



(e)  The special fund shall be used solely for
expenditures related to providing education on all islands for separating
parents in matrimonial actions and parties in parentage actions and their minor
children.  Revenues deposited into the special fund may be used for existing or
enhanced parent education programs administered by the judiciary, or for grants
or purchases of service pursuant to chapter 42F.  All appropriations or
authorizations from the special fund shall be expended by the judiciary.



(f)  The judiciary shall submit an annual
financial report to the legislature, prior to the convening of each regular
session, which shall include an accounting of all deposits and expenditures
from the fund. [L 1997, c 274, §2; am L 2003, c 41, §1]



 



Note



 



  Chapter 42D referred to in text is repealed.  For present
provisions, see chapters 42F and 103F.