Legal Question in Family Law in California

what happens if I served (of course I didn't someone else did!) my ex through the us mail (as of Jan 1, 2011 it is now completely sufficient) a Notice of Deliquency and a Notice of Motion, Motion to Enforce a Settlement Agreement? He did not return the "Acknowledgment of Receipt..I do know he received the paperwork because he told both my sons, ages 19 & 17, that I was "suing him" and he was very upset. He is rarely even in LA County...a few days every couple of months...we are suppose to have 50% custody of the younger son still and he hasn't been around for years. I also served his attorney but they responded that they no longer represented him and sent me a letter to that effect. Is there anything I can prepare for the commissioner to show he was served and is always away? He is in the media almost daily documenting his where abouts. Thank you very much for any advice!


Asked on 3/15/11, 2:59 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If an attorney was representing your ex in divorce proceedings, they would have been attorney of record. If they stop being attorney of record, they are supposed to serve and file a substitution of attorney. The only exception to this in family law proceedings is a notice of limited scope representation.

Once your ex appeared in the divorce proceeding, by filing a response to the petition, or a petition itself, he can be served by mail. Normally, the attorney of record is served. You don't need to use the acknowledgement of receipt form.

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Answered on 3/15/11, 6:16 pm


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