Legal Question in Family Law in Texas

Re: childsupport modification

It is not necessary for your ex to be "willing" to be served. If the process server has your ex's address (either home or work), the process server (e.g. Sheriff or private process server) will simply give the citation to your ex. Your ex's signature is nice, but not needed. The process server then submits a "return," which is an affidavit swearing that the personal service was accomplished.

If you have your ex's home address, but the process server can never seem to find him or her home, then you (or your lawyer) can ask the court to allow substituted service, such as just posting the citation on the door or leaving it with someone who lives with your ex.

The worst case scenario would be if you have no idea where your ex lives or works, and have made reasonable efforts to locate him or her. (This situation seems unlikely, since you are seeking a modification.) In that case, the court would allow service "by publication," where notice of the lawsuit is published in a newspaper.

The point is, if you are seeking modification, there is no way your ex can avoid your action simply by trying to avoid service. He or she will be served, one way or another. Of course, the steps can sometimes get tricky, which is why you need to consult with an attorney, who will know exactly what steps to take. Please contact me if you have any further questions.

Marc Pederson