Legal Question in Family Law in New York
Serving Legal Documents
What is the legal process to serve someone a notice to appear in court for child support? Does the individual have to place the legal documents in the others hand? What proof does the individual have to claim he/she actually served the papers? Can someone file for support even if the child is 10yrs. old? Can she be entitle to back monies?
3 Answers from Attorneys
Re: Serving Legal Documents
You should visit the Family Court for your county. They will be able to provide you with all the paperwork necessary to file for child support.
It does not matter that the child is 10 years old. The duty to pay child support continues until the child reaches the age of majority.
Re: Serving Legal Documents
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Re: Serving Legal Documents
The statutes permit suit up to age 21 years.
Child support arrears run only from the date
of filing if there is no Court Order. If there
is a prior Court Order, it can go back to such
order.
Service in Family Court can originally be by mail.
If you choose to ignore, then there must be
attempts at personal delivery, namely a marshall or
a sheriff physically handing the papers to
the Respondent. If there are still difficulties,
the court can order substituted service in a
variety of manners, including my favorite -
"nail and mail" which is tape the paper to the door
of the last address and mail to the last address
even if you know he/she isn't there
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