Quick background - I filed for support in 2010. Non-custodial showed up for court, order was entered with arrears. Since then, less than one year of support has been paid. I have been to court every other month since July 2013. That was the last payment he made. He made a series of 3 payments in 3 months because he was ordered to show up in court to pay every month. Then that order was dropped. He hasn’t paid anything since. In addition, every single time I go to court, they tell me there’s no service. Every time. Therefore I’ve wasted my time because the case isn’t even heard by the court. Is there ANY help I can get any where other than my local CSE agency? It doesn’t seem as if anyone in my county is doing anything to help me with this matter. I’m frustrated with the whole system. It would be different if he were hard to find, but he’s local and most of the folks I know see him out and about all the time. Even I see him often in stores. I don’t understand the problem. I’ve asked my CSE caseworker - she says it’s up to the sheriff’s department. I’ve asked the Sheriff, no response. Any help?
You need to serve him. Due process requires that anyone named as a defendant in a lawsuit actually be on notice of such. You can serve by sheriff or by certified mail with return receipt requested if you know where he lives or where he works. You can also serve by publication in limited circumstances. To learn about service you can review our DIY Divorce eBook, pages 18 and 19 discuss service and explain the rules for service by publication.
According to my caseworker, in my county he has to be served by the sheriff’s department. It seems as if they can never “find” him to serve the papers. I don’t get the paperwork in order to serve him so I don’t know how I would go about serving him by certified mail. I’m familiar with the process of certified mail, but as this is a child support case, I am uncertain of how to get the paperwork necessary for him to show up in court.