certificate of service and contempt

[RoseG]

What is the name of your state? California

My ex in Maryland filed for child support modification. When I send my answer to the court I also send him a copy via certified mail unfortunately it was returned to me after 3 attempts from the postal service. I send it to the address he specify in his court papers. A week after I received the return mail, I send him another copy thru regular mail ( I make sure to keep the return mail unopen ), it did not come back to me. A court date was set for July 24, during the scheduling order thru telephone conference on April 26, I forgot to tell the Master about the returned mail (my ex was there in the court) Now my questions are:

1) will the judge dismiss the case because the certificate of service have not been satisfied?
2) On June 19, I found out from his employer that he resign on May 12 and they did not know where he is working right now. They told me after over a month of asking them why I haven't been receiving child support payment (wage garnishment). I called the court if he notify them about his change of employment but he did not. Do I have to file a contempt separately or can I just discuss these issues on our court hearing? I am concern that the judge will refuse to hear it because it is a separate issue. ( or is it? )
3) lastly, what will happen if he don't show up? how can I enforce the child support order if his whereabouts is unknown?

Thank you

 

[seniorjudge]

What is the name of your state? California

My ex in Maryland filed for child support modification. When I send my answer to the court I also send him a copy via certified mail unfortunately it was returned to me after 3 attempts from the postal service. I send it to the address he specify in his court papers. A week after I received the return mail, I send him another copy thru regular mail ( I make sure to keep the return mail unopen ), it did not come back to me. A court date was set for July 24, during the scheduling order thru telephone conference on April 26, I forgot to tell the Master about the returned mail (my ex was there in the court) Now my questions are:

1) will the judge dismiss the case because the certificate of service have not been satisfied?
2) On June 19, I found out from his employer that he resign on May 12 and they did not know where he is working right now. They told me after over a month of asking them why I haven't been receiving child support payment (wage garnishment). I called the court if he notify them about his change of employment but he did not. Do I have to file a contempt separately or can I just discuss these issues on our court hearing? I am concern that the judge will refuse to hear it because it is a separate issue. ( or is it? )
3) lastly, what will happen if he don't show up? how can I enforce the child support order if his whereabouts is unknown?

Thank you

Q: how can I enforce the child support order if his whereabouts is unknown?

A: You cannot.

 

[GrowUp!]

What is the name of your state? California

My ex in Maryland filed for child support modification. When I send my answer to the court I also send him a copy via certified mail unfortunately it was returned to me after 3 attempts from the postal service. I send it to the address he specify in his court papers. A week after I received the return mail, I send him another copy thru regular mail ( I make sure to keep the return mail unopen ), it did not come back to me.

The certified mail was returned because one is under no obligation to sign for certified mail. So, if one does not sign the slip, it'll be returned to sender after multiple attempts. When something is mailed via USPS first-class, it is presumed to have been received (if not sent back).

1) will the judge dismiss the case because the certificate of service have not been satisfied?

Huh? You said you didn't receive it back. Unless you did not correct your Certificate of Service...then it could possibly come back to affect what happens during the trial.

2) On June 19, I found out from his employer that he resign on May 12 and they did not know where he is working right now.

Why would they know or even care? He resigned. Plus, they are under no obligation to give you that info EVEN IF they had it.

They told me after over a month of asking them why I haven't been receiving child support payment (wage garnishment).

You should be lucky they didn't take action AGAINST YOU for harassing them. Why do some people getting child support feel they have a right to continue to bother ones employer??

I called the court if he notify them about his change of employment but he did not.

Good Lord, narc. Are you a career stalker?

Do I have to file a contempt separately or can I just discuss these issues on our court hearing?

It's NOT your place to file contempt against an issue where the person needs to inform the court regarding something.

I am concern that the judge will refuse to hear it because it is a separate issue. ( or is it? )

It's an issue that does not concern you.

3) lastly, what will happen if he don't show up?

He'll be in contempt and the Judge will order accordingly.

how can I enforce the child support order if his whereabouts is unknown?

Perhaps you can rent one of those planes where you can attach a banner behind it and fly it throughout the US.

 

[RoseG]

The certified mail was returned because one is under no obligation to sign for certified mail. So, if one does not sign the slip, it'll be returned to sender after multiple attempts. When something is mailed via USPS first-class, it is presumed to have been received (if not sent back).


Huh? You said you didn't receive it back. Unless you did not correct your Certificate of Service...then it could possibly come back to affect what happens during the trial.


Why would they know or even care? He resigned. Plus, they are under no obligation to give you that info EVEN IF they had it.


You should be lucky they didn't take action AGAINST YOU for harassing them. Why do some people getting child support feel they have a right to continue to bother ones employer??

Good Lord, narc. Are you a career stalker?


It's NOT your place to file contempt against an issue where the person needs to inform the court regarding something.


It's an issue that does not concern you.


He'll be in contempt and the Judge will order accordingly.


Perhaps you can rent one of those planes where you can attach a banner behind it and fly it throughout the US.

You know what" Grow-UP" ? you really need to grow-up, and you deserve that name also. This forum is only for serious people asking for serious answer. First of all, it's obvious that you don't know anything about child support enforcement so take your childish crap to other forum because this is not your place to trash. Let me educate you a little bit, in Maryland if a person is under a wage witholding order (garnishment) and plan to change his address or employment, he/she is to inform the court within 30 days of that changes and the employer have 10 days after receiving the resignation letter to inform the court and the payee or else they are in contempt. And about the returned certified mail, of course anybody can refuse to sign it or receieve it, but if you're suing somebody would you decline to receive a court paper? Hmmmm...doesn't make sense. Well, my questions are intended to people who have knowledge about the situation. God bless you GROW-UP.....hope you have a happy day.

 

[weenor]

You know what" Grow-UP" ? you really need to grow-up, and you deserve that name also. This forum is only for serious people asking for serious answer.

Please quote the portion of the forum rules requiring seriousness.

First of all, it's obvious that you don't know anything about child support enforcement so take your childish crap to other forum because this is not your place to trash. Let me educate you a little bit, in Maryland if a person is under a wage witholding order (garnishment) and plan to change his address or employment, he/she is to inform the court within 30 days of that changes and the employer have 10 days after receiving the resignation letter to inform the court and the payee or else they are in contempt.

grow up is essentially correct. In most states the person being garnished and the employer are required to report subsequent unemployment to court or the court's clerk. Yes, violation of a court order is contempt. But, unless that verbage is in YOUR order, you do not have legal standing to enforce it.

And about the returned certified mail, of course anybody can refuse to sign it or receieve it, but if you're suing somebody would you decline to receive a court paper? Hmmmm...doesn't make sense.

Know you're not making sense. If the other person feels that your relationship is adversarial in nature, in all likelihood they will not pick up a certified letter. The main reason for sending one is document your own file.


Well, my questions are intended to people who have knowledge about the situation. God bless you GROW-UP.....hope you have a happy day.

The bottom line is that if someone is determined not to pay support, you will unlikely never see a dime or at least not the entire amount. It is long process. So grow-up yourself and live with the fact that you will have to support yourself and your child on your own.

 

[RoseG]

The bottom line is that if someone is determined not to pay support, you will unlikely never see a dime or at least not the entire amount. It is long process. So grow-up yourself and live with the fact that you will have to support yourself and your child on your own.

Thank you for your comments. It is stated in the order that I am to be notified of the resignation and change of employment, but I wasn't notified until 38 days after, past the 10days that the court have specified in the order. What angers me most is the fact that I have to beg them to let me know why I haven't been receiving child support anymore where in fact it is their obligation to notify me.About the certificate of service, the court told me to send him a copy of my answer to his petition and all the documents that I will submit to the court (financial forms) so that he is aware of it. I did not know that the main reason for sending it is for my own documentation, I know it's partly the reason. But since he is the one taking me to court, it doesn't make sense refusing a document from the defendant. My confusion is just the burden of proof. I agree with you, if he is determined not to pay child support I won't see a dime, but can the Child support enforcement agency go after him. The reason I ask is because my child support order now goes directly to his employer and they pay me directly. I don't know if CSEA have more enforcement power if they do it for me.