Childs father doesn't WANT to work

[proudwifey]

What is the name of your state? NY

I don't know how my other thread got locked. I didn't do it.

But as I was saying, I wasn't aware of the whole "serving" process. I have been looking into it (over the net) quite a bit, and can't find anything about it being mandentory in the general NY guidelines. It is in New York City. But nothing about it in the Erie County, or the general NY area. (NYC has all sorts of different things going on. You even have to claim something differently if you're from the NYC/Yonkers area on your taxes).

I can only assume that it's not my responsibility to serve him (though I already handed him a copy of the court date, and have e-mails confirming that he KNEW about court before he left). The court should have done it.

But if anyone finds out differently....PLEASE let me know. I will continue to look, but I know that some of you have more resources and knowlege about it than I do. Thank you again SOOOOO much!

 

[BL]

What is the name of your state? NY

I don't know how my other thread got locked. I didn't do it.

But as I was saying, I wasn't aware of the whole "serving" process. I have been looking into it (over the net) quite a bit, and can't find anything about it being mandentory in the general NY guidelines. It is in New York City. But nothing about it in the Erie County, or the general NY area. (NYC has all sorts of different things going on. You even have to claim something differently if you're from the NYC/Yonkers area on your taxes).

I can only assume that it's not my responsibility to serve him (though I already handed him a copy of the court date, and have e-mails confirming that he KNEW about court before he left). The court should have done it.

But if anyone finds out differently....PLEASE let me know. I will continue to look, but I know that some of you have more resources and knowlege about it than I do. Thank you again SOOOOO much!

You have to have the summons with petition served .

I'm from upstate NY , I went to court many years ago .

A summons was sent via mail to my Parents home . I however lived in another town , and had no phone .

My mother called my work and told my I had a letter .

I went to court anyways on the summons date .

They Judge said , you weren't served properly , and I don't have to hear this today , but since you're here ( I lived about 2 !/2 hrs. away drive ) , you might as well , it's up to you .
I agreed to have it heard .

I also in later years filed a modification , and had to have the summons and petition served .

The court should include an Affidavit of Service and instructions .

 

[Accountable]

What is the name of your state? NY

I don't know how my other thread got locked. I didn't do it.

But as I was saying, I wasn't aware of the whole "serving" process. I have been looking into it (over the net) quite a bit, and can't find anything about it being mandentory in the general NY guidelines. It is in New York City. But nothing about it in the Erie County, or the general NY area. (NYC has all sorts of different things going on. You even have to claim something differently if you're from the NYC/Yonkers area on your taxes).

I can only assume that it's not my responsibility to serve him (though I already handed him a copy of the court date, and have e-mails confirming that he KNEW about court before he left). The court should have done it.

But if anyone finds out differently....PLEASE let me know. I will continue to look, but I know that some of you have more resources and knowlege about it than I do. Thank you again SOOOOO much!

Are you the petitioner or did the child support office file the petition? As a general rule, the petitioner or movant is responsible for service of process on the other party....NOT the court.

 

[Ohiogal]

What is the name of your state? NY

I don't know how my other thread got locked. I didn't do it.

But as I was saying, I wasn't aware of the whole "serving" process. I have been looking into it (over the net) quite a bit, and can't find anything about it being mandentory in the general NY guidelines. It is in New York City. But nothing about it in the Erie County, or the general NY area. (NYC has all sorts of different things going on. You even have to claim something differently if you're from the NYC/Yonkers area on your taxes).

Sorry but you are expected to know about the proper process for court cases when you file one. If not that is why you hire an attorney.

I can only assume that it's not my responsibility to serve him (though I already handed him a copy of the court date, and have e-mails confirming that he KNEW about court before he left). The court should have done it.

Bull****. You are to serve him if you are the one who filed the complaint. Handing him a copy if NOT service. YOU as a party are not legally allowed to serve personally. The emails mean squat. The court would only have done it IF you provided them with precise INSTRUCTIONS to serve.

But if anyone finds out differently....PLEASE let me know.

Try reading the NY state rules for Civil Procedure.

I will continue to look, but I know that some of you have more resources and knowlege about it than I do. Thank you again SOOOOO much!

Unless he was properly served or waives proper service you will get NOWHERE!

 

[Ohiogal]

Are you the petitioner or did the child support office file the petition? As a general rule, the petitioner or movant is responsible for service of process on the other party....NOT the court.

And the petitioner and/or movant CANNOT personally serve.

 

[hearts41]

Having an individual served can be tricky depending upon the state you live in. If you dont know where the other party lives some states allow service through publication but its a real iffy area of the law. But it is the responsibilty of the person who filed the Motion to take care of having the other party served and then making sure the certificate of service is filed in your case. In my state (FL) once service is affected all other papers can be sent via the mail and dont have to be served.

hearts



i am not an attorney just opinions, advice, and personal experience.

 

[nextwife]

Having an individual served can be tricky depending upon the state you live in. If you dont know where the other party lives some states allow service through publication but its a real iffy area of the law. But it is the responsibilty of the person who filed the Motion to take care of having the other party served and then making sure the certificate of service is filed in your case. In my state (FL) once service is affected all other papers can be sent via the mail and dont have to be served.

hearts



i am not an attorney just opinions, advice, and personal experience.

OhioGal, however, who posted before you, IS an attorney and is not giving personal opinion.

 

[Silverplum]

OhioGal, however, who posted before you, IS an attorney and is not giving personal opinion.

Also, personal accounts and opinions are only of any use if they are from the same state.

 

[proudwifey]

Firstly, and obviously, I cannot afford an attorney. Maybe if I had the thousands of dollars my ex is behind, I’d have the luxery of paying someone else to do my work for me. And of the many times we’ve already gone to court, I have never had an attorney (except for custody, and one was appointed). AND I have NEVER been told I had to serve him. He has received court dates every single time FROM the court.

(Blonde Lebinese)“The court should include an Affidavit of Service and instructions .”. They did not. All I received was the court date and the financial disclosure affidavit. And on the bottom of the “notice to appear in court”, all it says is this…..

“You must provide the court with proof of your income and assets by January 9, 2008 on the attached form provided for that purpose. You are required to attach a current and representitive paycheck stub and most recently filed state and federal income tax returns to said form, including a copy of the W-2 wage and tax statement(s) submitted with the returns. You may also be required to furnish past and present income tax returns; employment statements; paystubs; corporate, business or partnership books and records; corporate and business tax returns; and receipts for expenses or such other measures of verification as the Court determines appropriate

Please bring this notice with you and check with the Court Officer in Part 17”



It says NOTHING in there about serving him. Wouldn’t they put that right on the summons if that’s what they expect you to do?!?!? And even a couple years ago, when I had one of the clerks assist me in filing, she mentioned nothing about serving him. We both got our dates in the mail, we both went, and that was that.

 

[TinkerBelleLuvr]

Is the court doing the filing? In my case, CSE will do the filing so that I do NOT have to do the serving - they do it.

Did YOU file the motion with the courts? If so, you need to do the service correctly. If CSE is filing, they know what to do.

 

[proudwifey]

I made MANY complaints to the ECCU about him not following past court orders. They told me they would assist me in filing a petition. Instead, they sent me a "ASCU Account Statement". I called to see what that was about, and they told me to use that in filing a petition (proof for court). I FILED THE PETITION, though all of my phone calls and complaints to the collection unit are on record.
But NOWHERE in ANY of the court documents does it say that I have to serve him. That's what I'm now confused about. I didn't even know about the whole serving process until someone on here mentioned it. And now that's my whole new ordeal. There is no lawyers involved. This is family court. And all we have EVER recieved was the court dates and financial affidavits. There has never been a problem!

My origonal problem was that he is hopping state after finding about court. All I really wanted to know was if he or his family could get in trouble for leaving (or assisting him on leaving). Then the whole "serving" issue got brought up, and now I'm under the assumption I'm ****ed because the court never mentioned anything about that. And he's already in Arizona! How the hell am I (or someone else) supposed to serve him now?!?!? (IF it's even necessary)

 

[Ohiogal]

I made MANY complaints to the ECCU about him not following past court orders. They told me they would assist me in filing a petition. Instead, they sent me a "ASCU Account Statement". I called to see what that was about, and they told me to use that in filing a petition (proof for court). I FILED THE PETITION, though all of my phone calls and complaints to the collection unit are on record.

Doesn't matter. The only relevant part of this is that YOU filed the petition. HENCE you are expected to either know the rules of civil procedure for the state of NY, the local rules, the rules of evidence, and the laws OR HIRE AN ATTORNEY. No one cares that you can NOT afford one.

But NOWHERE in ANY of the court documents does it say that I have to serve him.

IGNORANCE OF THE LAW IS NOT A DEFENSE.

That's what I'm now confused about. I didn't even know about the whole serving process until someone on here mentioned it. And now that's my whole new ordeal. There is no lawyers involved. This is family court. And all we have EVER recieved was the court dates and financial affidavits. There has never been a problem!

Family court has attorneys. You are expected to know the rules, statutes and laws and abide by them. Never been a problem? Oh well. Be prepared because YOU not PROPERLY serving him will result in you losing.

My origonal problem was that he is hopping state after finding about court. All I really wanted to know was if he or his family could get in trouble for leaving (or assisting him on leaving).

Nope.

Then the whole "serving" issue got brought up, and now I'm under the assumption I'm ****ed because the court never mentioned anything about that. And he's already in Arizona! How the hell am I (or someone else) supposed to serve him now?!?!? (IF it's even necessary)

YES service is necessary. The court WILL NOT provide legal advice. YOu either have to know the laws or hire someone. End of story. If you are ignorant or stupid that will not get you far. You are expected to operate as though you have an attorney. HENCE why people who know NOTHING about the law pay those who are educated regarding such MONEY.

 

[proudwifey]

CALLING ME IGNORANT OR STUPID IS COMPLETELY UNNECESSARY! Lack of knowlege, yes. But ignorant and stupid, no.

So, even though I STILL haven't found it written on any websites, and still argue that it wasn't written on any court documents, HOW AM I SUPPOSED TO SERVE HIM NOW THAT HE'S OUT OF STATE?!?!?

And yes, OG, he can get in trouble. I have been writing in this post for a couple weeks now. Since then, I have called the courthouse (before the whole serving thing got brought up). And his failure to appear can result in a warrent. I'd say that's getting in trouble....

 

[proudwifey]

I'm just getting extremely aggrivated. Like I said, I've been using this site for quite a few weeks(possibly months in the will/trust part). And in MANY of the other posts, senior members say "look here..... (with a web address for a site that includes the info they are looking for). I've been asking and looking and asking and looking more!

So, I guess I'm just asking for someone to help me find a site with that info. And I'm not asking out of laziness...god forbid we want to add that to the stupididty and ignorance. I'm asking because I CAN'T FIND ANYTHING IN WRITING THAT SAYS IN THE [STATE OF NY], [CITY OF BUFFALO], or in the[COUNTY OF ERIE], THAT THE PETITIONER OF A FAMILY COURT CASE HAS TO SERVE THE RESPONDENT.

If you can find information that states otherwise, please tell me. I am not looking for rude comments. I'm looking for honest, HELPFUL information. Not a punch at my self esteem

 

[Bloopy]

I CAN'T FIND ANYTHING IN WRITING THAT SAYS IN THE [STATE OF NY], [CITY OF BUFFALO], or in the[COUNTY OF ERIE], THAT THE PETITIONER OF A FAMILY COURT CASE HAS TO SERVE THE RESPONDENT.

If you can find information that states otherwise, please tell me. I am not looking for rude comments. I'm looking for honest, HELPFUL information. Not a punch at my self esteem

Now you have found the info. Right here.

Serve properly