Legal Question in Family Law in California
Proof of Service requirements
I am ready to file with the court a modification to child support as my son who is 18 years old and still in school wants to now live with me. My ex-wife agrees to this arrangement. Must I have her served in person by someone 18 years old or older or can I have the 18 year old or older person use the motion for simplified modification of order form 1285.30 and mail it by US Mail. It would be cheaper and less confronting to my ex-wife if it was just served in the mail and not at her office. Please advise
1 Answer from Attorneys
Re: Proof of Service requirements
If you ex is in complete agreement, why not just send her a stipulation to sign? If you must serve her papers, also send her a Notice and Acknowledgment of Receipt for her to sign. That means she is stating that she got the papers. Don't forget the blank response form.