) If an obligor fails to make three (3) or more child support payments as required by court order, the court, in addition to other remedies provided by this Chapter, may order the person to either execute a bond, subject to the approval of the court, or to pay security to the court, the bond or security to be conditioned on the payment of past due and future child support payments as required by the court order. If the obligor fails to make a child support payment as required by the court order after having executed a bond or having paid security to the court, the court shall collect on the bond or may seize all or a portion of the security. An amount collected from a bond or an amount of forfeited security shall be paid to the obligee for the benefit of the child and shall be applied to the outstanding indebtedness of the absent parent. However, the application of bond or security funds to the obligor’s indebtedness is not a defense in a contempt of court proceeding.
(b) The court may order an obligor to execute a bond or pay security to the court only upon motion of the obligee and after notice is given to the obligor by certified mail, return receipt requested. The obligor shall have ten (10) days in which to request a hearing. If there is no request for a hearing, the court may order him to execute the bond or pay the security. The only defenses which may be raised at the hearing are mistakes of fact concerning the order, existence of arrearages and their amount.
SOURCE: Added by P.L. 18-017:22 (Oct. 5, 1985).