Legal Question in Family Law in Pennsylvania

Need Help with the process of obtain child support

I am currently in the process of trying to obtain child support from my daughter's father. He did not show up to the first hearing, therefore, they said they were going to have a sheriff hand deliver the new hearing papers which is scheduled for November.

At this time the sheriff has been unsucessful in attempting to served him and they have tried four times so he is either not there or refuses to answer when they come. Can he refuse to sign for these paper even though they are being delivered by a sheriff? I know for a fact that he lives at the address given for them to serve him, but I have strong feeling that he's purposely refusing to answer.

I want to know if he doesn't show up at the next hearing can an order still be issued against him? He is unemployed, refuses to find a job and now he has exhausted all of his unemployment funds.

This is becoming so frustrating for me and every time I attempt to call the Domestic Relations department, no one seems to be able to give me a direct answer.

Can someone please help me! Any advice is appreciated.


Asked on 10/22/03, 2:46 pm

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Need Help with the process of obtain child support

Domestic Relations was established to provide a venue for all people seeking child and spousal support to try and obtain it. DRO schedules hearings, recommends amounts, submits temporary orders to the court and enforces orders.

The obligor does not need to be served by the sheriff. You can arrange for service by a constable. Once he is served, the case can move forward. But if he fails to appear at a hearing, the only remedy is to issue a bench warrant for his arrest. You should be aware that DRO cannot make him pay if he refuses to do so. They can argue to the judge that he should go to jail if he doesn�t pay, but a judge could refuse to do that. Even if he goes to jail, he could simply decide to stay there and, at some point, they will have to let him out.

I do not mean to discourage you but to make clear that you cannot depend on this money and you must have extreme patience if you ever hope to receive anything.

Feel free to call or E-mail me on a free initial basis.

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Answered on 10/22/03, 4:07 pm


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