Mailed or Served?

[crayondrea]

What is the name of your state (only U.S. law)? Florida. However, the respondent is in TX

I'm filing contempt papers against my ex for non-payment of child support. I'm in Florida and he's in Texas.

Do I need to have him served or would mailing it to him with return receipt be sufficient notice in the court's eyes?

The clerk's office won't give me a straight answer..

 

[Silverplum]

What is the name of your state (only U.S. law)? Florida. However, the respondent is in TX

I'm filing contempt papers against my ex for non-payment of child support. I'm in Florida and he's in Texas.

Do I need to have him served or would mailing it to him with return receipt be sufficient notice in the court's eyes?

The clerk's office won't give me a straight answer..

The clerks are legally prohibited from telling you what to do and how to do it.

Your state has instructions on their website, and the rules of civil procedure dictate the accepted manner of service.

 

[Ladyback1]

The clerks are legally prohibited from telling you what to do and how to do it.

Your state has instructions on their website, and the rules of civil procedure dictate the accepted manner of service.

I have a question: since there are two states involved, does OP need to follow the instructions for her state, dad's state, or heaven forbid--a 3rd state (where ever the original order is out of)?

 

[single317dad]

I have a question: since there are two states involved, does OP need to follow the instructions for her state, dad's state, or heaven forbid--a 3rd state (where ever the original order is out of)?

Follow the procedural rules for the court your case is being heard in. While that court may be the wrong court (example: if this is a Texas case and OP is trying to have it heard in Florida improperly), you won't get anywhere with Texas' RCPs in a Florida courtroom.

 

[BL]

Get youre forms together and contact the sheriff's office in the other partie's State to serve the summons. There will be a fee.

 

[crayondrea]

I understand that having him served would be the wise thing to do regardless. I appreciate the replies, and feel kinda dumb for even asking.

FWIW: The case originated in Florida. He moved to Texas just prior to the final hearing for the divorce.

I contacted the clerk's office this morning to get his current address & found out that he has himself listed as living at my parents' address here in Florida. Child Support Enforcement confirmed that they have the same address on file. So in addition to being in contempt for non-payment, he's also in contempt for failing to keep his contact information current with the clerk's office & CSE.

He is on felony probation in El Paso, and I have the contact info for his PO. Would it be out of line for me to ask his PO if I can have the papers served to the PO's office?