Legal Question in Family Law in California
Father evaiding subpoena for child support case.
I am currently in the Navy in San Diego. My ex resides in Chicago who was prior Navy. I filed for child support late November and he was sent a subpoena by mail stating that there is a child support case filed against him. He never replied. I was told today by the CA child support that they are unable to serve him the subpoena by mail, his home address, and work address since december. I know for a fact he is doing everything he can to avoid getting served. Now child support is telling me they cannot move forward with the case until he is served...what do I do? My ex said he did recieve the mail, but he has not answered because he wants me to drop the case. His name is not on the birth certificate , so we have to establish paternity through DNA testing, and he refuses to get one done by the state child support order or on our own ( I even offered to pay for it). What can I do to get my case to move forward?
1 Answer from Attorneys
Re: Father evaiding subpoena for child support case.
The easiest thing may be for you to get a copy of what DCSS is trying to serve to him, and get him personally served yourself. Find a process server in his area and hire that person to serve the papers. Then, the process server will prepare a Proof of Service that you can give to the department and/or file it yourself, and get the ball rolling. Call your caseworker and get copies of exactly what they are trying to serve him, and tell him or her that you will get it served.
Good luck!