The creditor-obligee may, in those cases whereby the obligor has incurred delinquency in the payment of child support on one or more occasions, as provided by Rule 69 of the Rules of Civil Procedure, App. III of Title 32, request that the court or the Administrator or the Court or Administrator, motu proprio, order the obligor, through a previous notice granting the latter ten (10) days to object to, the same, to deposit a sufficient sum of money, or post a payment bond or provide some other security as determined by the court or the Administrator, to ensure compliance with the child support obligation.
In those cases in which the posting of a bond or a sum of money or any other security is requested because there are indications that the obligor plans to, leave the jurisdiction of the Commonwealth, the court or the Administrator shall promptly order the obligor to comply with the deposit as ordered.
The obligor shall be notified of any petition requesting the execution of the security payment or the bond posted, as determined by the court or the Administrator, and shall be appraised of his/her right to challenge the execution of the security or the collection of the bond posted.
The filing by the indebted obligor of a sworn petition for suspension with the Clerk of the Court or the Administrator within the ten (10) days following the date of notice of the petition for execution shall paralyze the execution of any security or bond. Only the following errors in fact shall be admitted as a defense: Those concerning the existence or amount of the debt, the amount to be executed or the identity of the indebted obligor. Said petition shall be considered by the court or the Administrator and the adjudged resolution shall be served within the ten (10) days from its date of filing. If in order, the execution of the bond or the collection of the monies given as security shall be ordered.
History —Dec. 30, 1986, No. 5, p. 887, art. VII, § 28; Aug. 17, 1994, No. 86, § 35; Dec. 18, 1997, No. 169, § 22; Aug. 1, 2003, No. 178, § 31.