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  1. #1
    h2o_friendly is offline Junior Member
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    false Proof of service

    What is the name of your state (only U.S. law)? Ca
    there has already been a signed custody modification order between my ex and I 2 weeks ago. I'd like to know whether or not he would face penalties for filing a false proof of service? He disputed the child support request I made bak in may 2009 and filed a osc modification in June. My grandmother was who handed me an envelope that contained the paperwork from court that she said "my ex handed her". I wanted to know if that was legal? I'm just getting myself a bit more knowledgeable each day about court proceedings as it affects my family. My ex is continuing to alienate me from my children despite our signed co and he refuses to co-parent. I feel so helpless at this point because I don't have money to get an attorney and go back to court. I'm still sruggling to cover the minors counsel fees I was ordered to pay. Please help!! I want to see my boys as much as I can.
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by h2o_friendly View Post
    What is the name of your state (only U.S. law)? Ca
    there has already been a signed custody modification order between my ex and I 2 weeks ago. I'd like to know whether or not he would face penalties for filing a false proof of service? He disputed the child support request I made bak in may 2009 and filed a osc modification in June. My grandmother was who handed me an envelope that contained the paperwork from court that she said "my ex handed her". I wanted to know if that was legal? I'm just getting myself a bit more knowledgeable each day about court proceedings as it affects my family. My ex is continuing to alienate me from my children despite our signed co and he refuses to co-parent. I feel so helpless at this point because I don't have money to get an attorney and go back to court. I'm still sruggling to cover the minors counsel fees I was ordered to pay. Please help!! I want to see my boys as much as I can.

    you were ordered to pay minor attorney's fees? really?

    what does the proof of service say? it is quite possible grandmother signed the proof of service herself promising to give them to you. did grandmother sign anything?

    i've used the ex's family members in my case before.
  3. #3
    h2o_friendly is offline Junior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    you were ordered to pay minor attorney's fees? really?

    what does the proof of service say? it is quite possible grandmother signed the proof of service herself promising to give them to you. did grandmother sign anything?

    i've used the ex's family members in my case before.
    well my grandmother was given the paperwork by my ex husband directly and she isn't too aware of those procedures let alone what's going on with my custody battle. She is 77 years old and from a different country. She didn't sign anything from what she remembers. I always thought that neither party to an action can be the one doing the serving. And yes, I was ordered to pay half of the minors counsel fees which the judge initially said was $200 for each party. Once the court order was signed, I received a statement by mail from the minors counsel saying each party owes $550.00.
  4. #4
    Isis1 is offline Senior Member
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    Quote Originally Posted by h2o_friendly View Post
    well my grandmother was given the paperwork by my ex husband directly and she isn't too aware of those procedures let alone what's going on with my custody battle. She is 77 years ok'd and from a different country. She didn't sign anything from what she remembers. I always thought that neither party to an action can be the one doing the serving. And yes, I was ordered to pay half of the minors counsel fees which the judge initially said was $200 for each party. Once the court order was signed, I received a statement by mail from the minors counsel saying each party owes $550.00.
    well, what does the proof of service say? does it say your grandmother served it on you? or does it say HE served it to you?

    i'm baffled by the minor's attorney's fees. i was assigned one, and wasn't ordered to pay anything. but i'm sure CC can elaborate on that. if need be.
  5. #5
    Ohiogal is offline Senior Member
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    Parents CAN be ordered to pay minors' counsel fees. Also parties normally can NOT serve paperwork. Serving someone in the same household over the age of 18 can be proper service but not if the party is the one doing the serving.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Parents CAN be ordered to pay minors' counsel fees. Also parties normally can NOT serve paperwork. Serving someone in the same household over the age of 18 can be proper service but not if the party is the one doing the serving.
    then there really is something wrong with my california mentality. i didn't know we had to pay for minor's attorneys. i thought it came with the court. same as i thought court reporters came with the court. course we have to pay for the transcripts....
  7. #7
    CourtClerk is offline Senior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    then there really is something wrong with my california mentality. i didn't know we had to pay for minor's attorneys. i thought it came with the court. same as i thought court reporters came with the court. course we have to pay for the transcripts....
    Just because YOU didn't have to pay for minor's counsel in YOUR particular case doesn't mean EVERYONE gets it for free. Perhaps there is something in your financial situation that tells the court you couldn't AFFORD minor's counsel. Shoot, people file fee waivers everyday, but let me walk in and try and file one. I'm paying my fees and yours. Minor's counsel is typically paid for, not so typically handed out on the state's dime, so in your case, YOUR case was NOT the norm. The OP's situation is typical.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by h2o_friendly View Post
    well my grandmother was given the paperwork by my ex husband directly and she isn't too aware of those procedures let alone what's going on with my custody battle. She is 77 years old and from a different country. She didn't sign anything from what she remembers. I always thought that neither party to an action can be the one doing the serving. And yes, I was ordered to pay half of the minors counsel fees which the judge initially said was $200 for each party. Once the court order was signed, I received a statement by mail from the minors counsel saying each party owes $550.00.
    Who signed the proof of service?

    Service does not require that it's handed directly to you. Service does not require the person accepting the documents to sign anything. Service doesn't even require the documents being put in anyone's hand.
  9. #9
    CourtClerk is offline Senior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    then there really is something wrong with my california mentality.
    And that of many Californians.
  10. #10
    Isis1 is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    Just because YOU didn't have to pay for minor's counsel in YOUR particular case doesn't mean EVERYONE gets it for free. Perhaps there is something in your financial situation that tells the court you couldn't AFFORD minor's counsel. Shoot, people file fee waivers everyday, but let me walk in and try and file one. I'm paying my fees and yours. Minor's counsel is typically paid for, not so typically handed out on the state's dime, so in your case, YOUR case was NOT the norm. The OP's situation is typical.
    ex does not have a fee waiver, i have a percentage of fee waiver. i didn't know it wasn't the norm. i learn something new everyday.

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