Legal Question in Family Law in California
My ex is trying to get all back support dropped on the basis of not being served, even though court records show that he was. He says he has proof. Even if he does, wouldn't they just serve him papers again, not just drop the support case?
1 Answer from Attorneys
If he was not properly served then the child support order would be invalid and he would not owe child support for that period of time. They can serve him now but the general rule is that child support would be due only from the date of service, in this case the second time, forward. If the original service was years ago then you would lose a significant amount of child support arrears. He will have to file a motion with supporting declarations to have the service quashed, declared to be invalid. This will provide you with an opportunity to investigate his claims and oppose the motion if his statements are false. You can go to court and review the file which should have a copy of the proof of service. You may have to contact the individual that signed the proof of service.