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Child Support Modification

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CA DAD 01

Junior Member
I'm In CA..

I became unemployed and filed a child support modification the following day. I told the mother that she would be receiving the documents. The documents have been sitting at the USPS office (served through mail) she is aware of it and doesn't pick them up. I filed the documents and there is a court date, but she has not picked up the papers and I know the court doesn't recognize them as being served or that she has awareness. In this case do I pull the filings? Or Do I serve her again? Because my court date is set for July 1, 2013, do I still appear at court knowing that she will not be there?

Any feedback would be useful, I'm fairly new to the system.

Thanks
 


sandyclaus

Senior Member
I'm In CA..

I became unemployed and filed a child support modification the following day. I told the mother that she would be receiving the documents. The documents have been sitting at the USPS office (served through mail) she is aware of it and doesn't pick them up. I filed the documents and there is a court date, but she has not picked up the papers and I know the court doesn't recognize them as being served or that she has awareness. In this case do I pull the filings? Or Do I serve her again? Because my court date is set for July 1, 2013, do I still appear at court knowing that she will not be there?

Any feedback would be useful, I'm fairly new to the system.

Thanks
If she hasn't been served the papers, then the court cannot proceed with your hearing. The other party is legally entitled to notice.

Just because she hasn't picked up the documents through the mail doesn't mean you've exhausted your attempts to serve her. Do you think she's intentionally avoiding service by refusing to accept the mail item? Why haven't you attempted a different method of service, such as having her personally served (which can be done by a friend or family member, if not by a registered process server)?
 

CA DAD 01

Junior Member
Re: Child Support modification

Yes, she is avoiding the document. I told her about it because I was trying to be very cool about the situation. She was well aware of it and in one instance I told her I noticed she has not picked up the documents. She said she would but hasn't. I have not attempted to server by other means yet. I went to fill out the paper work with and the pro bono help by they courts, they told me to get someone to serve her by mail. I have not exhausted other attempts to serve her. When i try to re-serve her do I submit another filing? Or is it is the same document? And how much time does she need notice?
 

sandyclaus

Senior Member
Yes, she is avoiding the document. I told her about it because I was trying to be very cool about the situation. She was well aware of it and in one instance I told her I noticed she has not picked up the documents. She said she would but hasn't. I have not attempted to server by other means yet. I went to fill out the paper work with and the pro bono help by they courts, they told me to get someone to serve her by mail. I have not exhausted other attempts to serve her. When i try to re-serve her do I submit another filing? Or is it is the same document? And how much time does she need notice?
No, you don't need to submit another filing. All you need to do is file with the court the proof that she was served prior to the hearing date. I'm not 100% sure, but I believe that she has to be served with the documents at least 15 days prior to the hearing date to avoid there being any delays.

If she never picks up the mail item, you could feasibly appear in court and provide the proof of service showing that the documents were mailed and on what date. It would be up to her to bring up a challenge to having been served in time to respond to the filing. You might even get what you want from the hearing by default if she doesn't show up. If, however, she does challenge valid service, then they could continue the hearing to a later date.
 

ecmst12

Senior Member
If service by certified mail is acceptable in your court, and you sent it by certified mail, and she refuses to pick them up, that's on her. Wait until the package is returned to you and bring it to court with you unopened, so that you can prove when and how it was sent and that she refused to get it or allow it to be delivered.
 

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