Legal Question in Family Law in California
Can't Serve Modification Papers
My husband's ex wife put her 14 year old son out of her house and now he stays with us. My husband filed modification papers to get child support from her & to stop his child support order, but the process server can't serve her because she refuses to open her door or leave her apartment. If he can't serve her in time for their court date, does he still appear on the court date? And what happens if he still fails to serve her?
1 Answer from Attorneys
Re: Can't Serve Modification Papers
Your husband will have to ask for a continuance if his ex-wife is not timely served, unless she happens to show up.
You have several options here. You could change the OSC to a Notice of Motion and serve it by mail. You could file a request with the court for an order allowing the OSC to be served by mail. Your husband could request an order shortening time for service. Your husband could request an emergency ex parte order in which case his ex would only need to first be notified by phone. You could have the process server serve her at work, or you could hire a better process server.
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