Wednesday, October 9, 2013

How long do you have to serve the other party if you file a support modification?

Q:  Our hearing is in 4 weeks and not served yet. Can I have someone else serve him by mail?

A:  David's Answer:  While some courts mail out the summons, you should be aware that mail service is insufficient to proceed on default if he then fails to appear. You have to serve him 8 days or more before the court date (thus, don't count the court date & count back 8 days). It's best to have him served via a licensed process server. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (

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