Legal Question in Family Law in New York

Child Support Petition
My exhusband has managed to avoid being served with a petition for an increase in child support for almost 9 months now. They have been to his job, his home, his parents, and his girlfriends...everyone is in cahoots and say he's not there or that they havent spoken to him etc. I have emails from him stating that he knows about the case and is purposely avoiding being served with papers. I have court again on Monday and will have to ask for another postponement.My question is this...Havent I shown due diligence is trying to serve him? (I have used a well known and respected company). Cant I just post the papers on the place of business? Put an ad in the paper? Send letters to every last known address? My daughter is handicapped now and I have been unable to work. I am down to my last dime at this point and continue to lose money each time I have to go to court and he doesnt show. I stand to gain a substantial increase in the child support that I get for my daughter and my ex just cant stand it.

Asked on 1/31/06, 2:41 pm

Andrew Nitzberg Andrew Nitzberg & Associates

0 users found helpful

0 attorneys agreed

Re: Child Support Petition

This is very strange. Why must you serve him in person? This is just a motion. Srervice by 1st class mail is usually sufficient.

Have you been making your petition by 'order to show cause'? If so, change to a 'motion on notice' and effect service by 1st class mail.

1st class mail is sufficient for a 'motion on notice'.

If you need help, I can draft it for you. Just send me all of the papers; docket number, court, county, etc.

Answered on 1/31/06, 2:55 pm

Keywords

Match Any Match All

Country

State

Area of Law