Legal Question in Family Law in Canada

Re: Maintenace payments for non-served papers

First, I'm going by Montana law. Second, this answer is based on sketchy information. I would

usually spend an hour or so getting details from your husband.

"She harrasses us constantly for maintenance, she's physically abusive to us... � You and your

husband might be eligible for an order of protection or restraining order.

�She served maintenance papers on my husband's ex-roommate.� I'm curious why she served the

ex-roommate when she knows where you are? It might be valid service by mail if the court

mailed documents to your husband's last known address, which the woman gave to the court and

is in the court file in this action, and he did not update his address current with the clerk of court. At any rate, once he responds or appears in court, invalid service is moot because he submits to the court�s jurisdiction. He can argue that he should not owe an arrearage paternity is established.

What will happen in court? Since I don't practice in California, I can't answer this. Look at the documents; they'll tell you what issues are before the court.

Does he need a lawyer? Depends. If the matter is at the administrative level (meaning, child

support enforcement pursuing the matter rather than the court), he could arrange for the paternity test through CSE (he could do it that way here in MT). If it's in court, he will probably benefit from hiring an attorney.

Can he get tested to see if the child is really his? Absolutely. Your husband can rule out

paternity with a test.

Will he pay maintenance if it is not? No, if the test shows he is not the father, he does not have a legal obligation to pay child support.