1994 child support order entered, now the NCP wants to quash it

[maria and mia]

What is the name of your state? Illinois

Child support order entered in 1994, my ex-boyfriend has now moved to a diferent state and has hired a private attorney in my state to quash the order on the grounds that he was never served properly. He was served at his legal place of residence in 1994. His cousin never gave him the summons when it came in the mail. Do you think he actually has a chance to win? He has had over 9 years to do this, he does it now because he found out that I put in a body attatchment last year in November. My case is currently handled by the state's attorney office. Should I seek a private attorney?

 

[timber75]

I am going thought the same thing my was 1990 and I did not get the papers in the mail, in some states they use different types of ways to send the papers and sometimes it does not matter who signed for them. In my case they had to prove that I was sent the papers, yes they were sent but I never signed for them, nobody did, but they showed there was a record that some sent them to me, evidence? dont know,, anyway, I am paying support if that tells you anything.


Timber75

The only dumb question is the one not asked....

 

[maria and mia]

The reply from timber 75

Thank you timber 75.
From what I can figure, you are on the opposite side,
correct? YOU are someone who is also trying to get an order quashed? I was wondering.....do you know of any internet sites that could help me....I want to find the definition of what exactly is being properly served. In my opinion he was served, but of course I would be biased. My opinion won't count in front of the judge. Oh, they only 'mailed' him a copy. My state's attorney said that the defendant usually wins these kind of cases because he was not served personally. If I would've known that I would've hired a process server to serve him.

 

[nextwife]

I had a roomate who was dating a US Postal employee. After the stories he told me about what some of the guys did, I no longer have the same faith in the US postal Service. I work for a company that only uses mail for stuff like acknowledgement letters and marketing mail, or extra copies. Any original or vital docs get sent in a trackable format by Fed Ex or similar with an acceptance signature. I've had many waylaid letters addressed to people on an entirely different block show up in my mailbox. I once found a large pile of US express mail envelopes on the street that had fallen off a post office truck (honest! It was in the local paper), complete with tire tracks, and I gathered them up and returned them to the post office.

On such an important matter, I cannot understand why personal service is not required.

 

[timber75]

I am sorry I had to laught for a minute when you said I was on the other side, yes I am but I do belive in support when it serves the children. not just the CP which this is just that the CP. I pay support every week. But there are other issues why I wanted this order looked into. I put a small post under new baby with a sample of my situtation.. other than that I was not servered with papers at all never new about the order from 1990 untill now, heck her parents never even new about it because I lived with parents in 1990-1991 and she never told me of a court date, I would went to court without the papers.

If you are looking for info on serving papers, just look it up under your state DCS site under there guide lines or even state site, and do a word search for service,papers ect along those term and it will give you all the things that you need and what types of service can be used ect.. if I can find I will make a post.

Timber 75

 

[maria and mia]

Thank you, but still have another question

All of this is overwhelming. Very overhelmng. I am trying to prepare myself for his side to win this argument in court. I hope it doesn't happen but I know of the reality that it could. I am extremely saddened by this. By starting back at square one and initiating another child support order, I feel he now has it easier than ever to file for any visitation rights. My daughter does not see or talk to him on a consistent basis, I have raised her since day1 and I feel that I would be failing my child if he ever does win any visitation rights. I was wondering if anyone knows of any support groups for this, I am going crazy just thinking about this, I'm such a pessimist!!!!!

 

[timber75]

you never know you may win, in my case I lost and I started to pay. I lost . but then again I never of the order in the first place if I never that she wanted support from the being I would of found a way to pay it, but she did not want me in the kids life, only when they(she) needed something then I did, but other than that. Its been along 13 years, and all of it is fixing to come to an end. I mean from the courts, then we go one with whats live we can..



Timber75

 

[nextwife]

Why, exactly, do you think the father should not have any right to vistation with his child? Or that your child has no right to know their father?

Please understand, I have many friends in the adoption community who did not become parents to their children until those kids were older, some teens. They were not their parents until then, Well, not having been in their lives previously did not mean they should forever have not been in their lives. But the mere fact of not knowing a parent previously does not seem to be a good enough reason to forever not know them. I wish I could have raised my daughter from day 1, but she did not become ours until 25 months old. Not having her from day 1 does not mean she would have been better served by not having us as parents now.

You want him to be the father-financially. But you do not want him to in any way REALLY be a father? So he should be no more than a wallet to your AND HIS child? UNless he is a danger, should he want visitation, there seems no good reason for the court to deny that. There may transition time, but no visitation rights at all is unlikely.

 

[maria and mia]

You have misunderstood me

Maybe I wasn't being specific enough.
In 1994, when the child support order was entered, the court decided to not grant him any visitation rights. Under the advice of an attorney, I have given him every opportunity to see and talk to his child over these past 9 years, even if he did not pay, I felt that my daughter should establish a relationship with her father. Mind you, he did not have visitation rights all these years For the past 2 years when he was in our town, we all went out and did activities together. This man did know about his daughter since the day he got me pregnant, he admitted that openly. He has never sent her a phone# where she can call him, or an address, nothing. He is not a "wallet" to me and definitely no a REAL father to his daughter. Have you ever heard or seen the quote: anyone can make a baby, but it takes a man to be a father. Just as an example: he was here for 2 years recently, did he call her for her birthdays....no. Did he call her at all.......no. We did 5 activities together and on all ocassions he was about 3 hours late. I don't think it would be fair to my daughter to continue this relationship, she has only big disapointments to
look forward to. I have seen her wait for her daddy to come pick her up, waiting hours, only to get a phone call the day after from her father saying "I had things to do". I would love to see
the day he woud make good on anything, but I do not see that anywhere in the future

 

[Terry7]

Here is the catch,and it has happened to me,in Custody proceedings.

I was sent Paper & court date.Not personally served.

I did not know the laws.

Upon appearing the Judge took Judicial notice that I was not Personally served, although I
was sent the papers and did appear.

The Judge ask since I all the parties were "here", would i mind if we proceed ?

Of course it was rescheduled so I could have a court appointed Attorney,but the fact is
WE ALL agreed to proceed,the trial/hearing took place , there was testimony,and an
order entered.

Therefor,even if he was not properly served,and he went ahead w/ the hearing,and
everything else was properly done,I doubt if he can bring up he was not properly served
now.

The hearing officer/Judge should have seen non-service ( if true),and rectified the matter
before proceeding.

Was there a recording of this hearing ? If so i'd like to know if this issue was addressed ?
Or noted on Court documents ?

 

[maria and mia]

Thank you for the reply......

I have records of the hearing, the motions to show cause, and all the other court dates. But here's the thing..........he never showed up for one single one. The child support order was a default judgment. Now what do I need to prove in order for him not to win the motion for quash? I thought that the only thing I need to prove was that he was legally living at the place where they served him 9 years ago. Is there anything else that I can provide the judge with? I also have copies of all the 'orders of witholding' that were sent to his places of employment. He openly admitted to me that he quits a job as soon as he recieves a witholding order. He was basically caught in California, I don't know how, but all of a sudden I start receiving child support payments that were witheld at his job. This is very frustrating.
I have a state's attorney and I'm wondering if I should hire a private lawyer for this?

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[Terry7]

Have the State Attorney ,look at the court records. See if there is any indication ,he was acknowleged as having been properly served notice to appear.

That is his claim . He was not.

If the records exist of proper service & notice ,and then the default Judgement was ordered,you have no worries.