Legal Question in Family Law in California

I'm going to give a very attorney-like answer: it depends. If you're trying to modify temporary orders (orders that are pre-judgment) or have previously modified your Judgment and this is at least the second attempt to modify post-judgment orders, you can serve his attorney by mail and file a Proof of Service by Mail with the Court (remember that you cannot sign it--it's got to be someone over the age of 18 who isn't a party to the action) or with a request that the attorney sign and return a Notice and Acknowledgment of Receipt (it's a Judicial Council form you can find online at courtinfo.ca.gov).

If you are the first person trying to modify your Judgment for the first time, the other party technically should be personally served. The other attorney is probably just trying to make your life easier--it does us no good to avoid service, and indeed, it's much better to get on top of the situation earlier rather than later. I routinely accept service on behalf of my clients. If you have any doubts regarding the other attorney, there is nothing wrong with going ahead and personally serving the other party with a process server. As a show of good faith, however, I would suggest that you mail or fax a courtesy copy to his attorney.

Finally, don't forget to file your proof of service with the Court!