16-2-58.1. Commission on equal access to our courts surcharge for answer or responsive pleading to petition to modify order for child support, child custody, child visitation, or spousal support.
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/sd/title-16/chapter-16-2/16-2-58-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For the answer or initial responsive pleading to any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support, the clerk of courts shall collect the sum of twenty-five dollars as a commission on equal access to our courts surcharge. The surcharge shall be collected from the person filing the answer or responsive pleading at the time of filing. The surcharge shall be collected by the clerk in the manner in which other fees are collected.
No responsive surcharge may be collected in any civil action or proceeding commenced by the state, county, a municipality, or a school district, or if the responding party is receiving assistance benefits under title 28. The surcharge may be waived pursuant to the provisions of §§ 16-2-29.2 and 16-2-29.3 .