§ 14-14-109 — Security, bond, or guarantee

(1) In any action in which child
support is ordered, an interested party may apply to the court for an order requiring
that the obligor post security, a bond, or other form of guarantee to secure payment
of the child support ordered. In considering such request, the court shall consider,
among other factors, the nature of the obligor's employment and whether the
obligor's income is unreachable by a wage assignment entered pursuant to section
14-14-107 prior to July 1, 1996, or by immediate deduction for a family support
obligation pursuant to section 14-14-111 as it existed prior to July 1, 1996, or by an
income assignment entered pursuant to section 14-14-111.5 on or after July 1, 1996.

(2) If the request to post security, a bond, or other guarantee is made
subsequent to the issuance of a child support order, a copy of the request shall be
sent to the obligor at his last-known address by certified mail no later than twenty
days prior to the date set for a hearing on the issue. Such notice shall contain a
statement of the obligor's rights to appear and contest the request.

(3) When a request to post security, a bond, or other guarantee is before the
court, the court shall make findings on the appropriateness of the request based on
the evidence presented and shall then either grant or deny the request.

Legislative History

Source: L. 85: Entire section added, p. 595, � 16, effective July 1. L. 96: (1) amended, p. 622, � 32, effective July 1.