Service of Process for Child Custody and Child Support Cases

A key component in the legal process of getting child custody or child support cases resolved through the courts is getting the other parent and/or other party properly served with the necessary petition, motion or other legal documents.  However, sometimes the party wishing to take legal action cannot locate the other party.  Regardless, the other party still needs to be legally put on notice.

The most common form of service is having the other party served through the sheriff, civil process server or other form of personal service.  However, if the other party cannot be located, there is another option.  This method known as "service by publication."  It basically involves getting permission from the applicable court to place notice of your legal action in specified newspaper for a certain period of time, after which the other party is considered properly served and on notice. 

As such, if you have a child custody and/ or child support case that needs to be established or changed, and you can't locate the other parent and/or party, all hope is not lost. 

#1 Factor in Changing Child Support

What is the #1 factor in changing child support?  Simple... tacking action.  Sounds obvious, doesn't it?  However, you would be shocked to find out how many parents have a change in financial or custody circumstances, yet fail to take immediate action to modify the child support order.  Often, a father or mother paying child support will wait years before seeking help to get their existing child support order lowered or changed.  Moreover, in most circumstances, the court is not likely make any changes retroactive.  Consequently, a parent may be overpaying for child support, due to a job loss or other change in circumstances, and be out the money they were essentially overpaying if they had modified the child support order from the outset.