Legal Question in Family Law in California
Proof of Service for OSC
My ex-wife moved 3 years ago and never changed the address with the court. She just moved again and won't give me her new address. I just filed an OSC for modification of support & custody and don't know how/where to serve her now. Since her address of 3 years ago is the address on record at the court, can someone serve someone at that address as substituted service and if yes, will that stick? Otherwise, any suggestions are welcome. I'm desperate!
1 Answer from Attorneys
Re: Proof of Service for OSC
Go to a professional process server and they will tell you how to proceed. They will either track down a current address or come up with the best alternative. If you are trying to modify custody I presume that you have some contact with your children and therefore some times when ex-spouse is present for an exchange. If you mean that you have completely lost touch then you may need some help from a private eye not just a process server. Be sure to ask for your costs for service by checking the box on the OSC for attorneys fees and costs. You can also ask the court to make it part of the order that she give you her new address if she moves again. that way it can be punishable by contempt if it happens again. The punishment might be all of your cost of bringing the contempt motion including a VERY high priced attorney. (Be sure and call me for that one, HA HA).