My ex wife is filing for a modification of support arrears can I file a motion for her to have to post a bond before the hearing

The answer is that you can request these items from the court in response to her motion to modify. She cannot modify any child support payments which she should have paid. She can only modify as to future payments. You may want to ask the court to enter another judgment in your favor and against her. Courts rarely require bonds in these circumstances, but you are free to ask.

Here's the challenge for us . . . this case clearly has a lengthy history. Because of that, it is difficult to give prudent guidance to you because none of us have all of the details. Youa re in Larimer County and I suspect the court is aware of you case. Perhaps you ought to go back to an attorney that has helped you in the past (if any) for better guidance. The bond idea will not work. What you can do is reduce the arrearages to judgment and pursue collection efforts with an attorney that specializes in such work. I hope you catch up to this deadbeat!! Good luck.

Your ex wife can not ask for a modification in arrears. I just answered a very similar question on . Both of my esteemed colleagues gave you excellent advice. If she wanted to change her child support, she had to file a motion along time ago. Apparently, she did and it increased. You simply can not modify an arrearage. The judge does not even have the authority or jurisdiction to do so and if you have a judge that is even faintly considering such a motion, you need to get an attorney immediately. Either of my colleagues would be excellent choices and well worth the price and the commute. Best of luck

If circumstances have changed, there is always the possibility she can change the amount of her arrearage payments. However, it works both ways. You raise a good point that she has not been paying for health insurance, which, if you are correct, would increase her ability to pay down the arrearages. Therefore, based upon what you have given us, you may be able to file a Motion to Modify her arrearage payment based upon these changes in circumstances. Is she earning a higher amount of income now compared to the last time orders were entered? That’s another factor you can use to increase her arrearage payments. As far as what her chances are at lowering her arrearage payments? I would need more information from you to definitely answer that questions. However, you should focus on requesting statutory interest to apply on her arrearages. This could be a huge benefit to you and the interest that applies is substantial. Statutory interest on child support arrears accrues at 12% per year compounded monthly. You could also take steps to have interest apply to the $3,000 she owes. You could also take steps to garnish her wages and place liens on property she owes until these balances are paid in full. Contempt of Court is also something you should consider.