Legal Question in Family Law in Massachusetts
child support
can the state of massachusetts set up a court date for child support if i live in florida and they can't find me to serve me with the court order?
4 Answers from Attorneys
Re: child support
Yes. First they can serve you by alternative service including publicaiton. Second, you are entitled to hide. Third, if you are deemed served by the court they can enter an order of child support based on the information provided to them by your spouse.
I suggest you do the following:
1. Hire an attorney in MA to represent you.
2. Submit accurate financial information so your child support is set at the proper level.
3. Pay the child support.
If you fail to pay child support your ex and the State may seek your arrest, return to MA and put you in jail for contempt.
Re: child support
Yes. People do not have the right to hide to avoid being served with process for a court proceeding. The court must give the best notice possible. This means that if they can't find you, they can serve you by some other means such as publication in a newspaper. The fact that you are in another state may delay things a little but it won't stop an order of child support. If Massachusetts can't serve you in person and serves you by alternative service, you run the risk of having a larger support order enter. When Massachusetts does track you down, you will then have an order for arrears of child support that could be signifcantly higher. The better choice is to let the custodian of the child know how to serve you so that you can have an appropriate order based on your actual income enter for child support. In the long run, this is a better choice even though you will start paying support immediately.
Re: child support
Yes. They can also serve by alternative means (e.g., service by publication in a news paper covering your last known address), so hiding will do you no good. Frankly, you owe a legal and moral duty of support to your children. Why are you trying to evade it?
Re: child support
Yes, you can be served by publication in a newspaper if you are "of parts unknown".
You should retain a Massachusetts attorney to represent you. Good Luck!