Court order expired?


#1

In August I learned that my child’s father and I had a court date this week, a “show cause” order for child support (he hasn’t paid since last year). I was in court today and was told that he wasn’t served with the order. I contacted the sheriff and found out that the order has already expired, and cannot be served.

This is not the first time we’ve had to continue a court date due to an inability to serve the papers, but this is the first time an order has expired before being served. What happens now, and is there anything I can do to expedite this process?

Nobody seems to know where he lives.

Also, can anything useful come out of this? He hasn’t paid since last year, in a hearing earlier this year he said he was unemployed and the order was set to be reviewed (which was today’s hearing). How long can he continue coming into court saying he just can’t find work? What is the threshold for arrest for nonpayment? He owes about $3000 right now. And what can be done to prove whether he has income?


#2

You will need to refile and obtain a new Order to have served. If you know is phone number the sheriff’s office can serve him via telephone.

You may subpoena his bank records and other financial documents if you feel that he is hiding income.


#3

Thank you.

Who do I contact to subpoena his bank records? I was told by child support enforcement that they can only request financial information if his arrears are over a certain amount, and that they cannot subpoena a bank statement or financial documents. If he’s “hiding income” he’s likely being paid cash and not paying taxes. I didn’t realize I could ask the sheriff to call him, I was also told by child support that they will have to serve the papers in person (but nobody apparently knows where he lives).

I’ve seen him around town in the car he owns. The only indication of income is the fact that he presumably can afford to put gas in his car, pay insurance, and provide for his own housing and other needs. But he continues to insist to child support enforcement that he “just can’t get hired,” and they let that slide.

Also, when child support enforcement was unable to send me a copy of the last order, I called the clerk of court to request it (since my name is on the order, I thought I had a right to see it), and they told me that while they keep such documents, I am NOT entitled to request it myself. I was told that I have to go through child support enforcement, even though c.s.e. told me they “do not mail out copies of child support orders.” Is this correct?


#4

You may obtain a subpoena and have the clerk of court issue the same once you have filled in the name of the institution and the records which you are requesting.

The sheriff’s department uses the phone number to speak with the party to be served and direct them to pick up the paperwork.

I see no reason why you cannot have a copy of your last order. If the clerk denies you again I would suggest you ask to speak with a supervisor.