Legal Question in Family Law in New York
My husband did not show up to court twice for a child support petition. after the first time the sherriff was sent to serve him but no one is able to locate his where abouts. The judge dismissed the case. I dont understand..my child will never be awarded compensation because they are unable to locate him? shouldnt they suspend his license or something. The court just forgets about the case because they are unable to locate him?
1 Answer from Attorneys
For a court to award child support it must obtain jurisdiction over the defendant. In other words, the Court must give "notice" to the individual that a claim has been filed and will be adjudicated before the Court. If that "notice" is not given to the defendant, the Court is unable to render a decision. That is "due process" as defined by the New York and United States Constitutions.
I would contact relatives of your husband and try to located him. Once located, you may re-commence the action.
Mike.
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