§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]