Legal Question in Family Law in California
I have been trying for 12 days to have my ex husband served a notice of motion to set arrears for unreimbursed child expenses. I am having the local sheriff's office serve the papers but they have been unsuccessful. Time is now running out as we are 2 days away from the mandatory date by which he has to be served. I believe he will continue to avoid being served. If i go to court on the set date without him being served, will my case be set aside or will the judge hear the case anyway and set arrears knowing I used due diligence in having him served?
2 Answers from Attorneys
The judge is not going to hold a hearing until he has been properly served and you have filed proof of such service with the court. You may have to ask the court to continue the hearing to allow you further attempts to serve.
If you want your hearing to go forward on time, you need to stop relying on the sherrif and pay for a professional process server to get it done by your deadline. Otherwise Mr. Roach is right, the hearing will not go forward.
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