How long does it take to get served child support papers

Who Serves, How Long It Takes

Serving papers to the other person in your child support case is a necessary step in the legal process.

Since a custodial parent or a guardian usually opens the case, child support papers are typically served to a noncustodial parent or another custodial parent. This person is considered the respondent or defendant in the case, whereas the person who opened the case is called the applicant or petitioner.

Be aware that there are slightly different child support rules in each U.S. state.

Custody X Change calculates your parenting time so you get a fair child support payment.

Calculate My Parenting Time Now

Who serves child support papers?

The person who opens the case generally isn't permitted to serve child support papers but must instead ask someone not involved in the case to do so. The server must be at least 18 years old and can't be related to anyone in the case.

In certain situations, though, the applicant may be allowed to serve — for example, if the respondent signs a form agreeing to waive their right to formal service.

Usually, your surest option for serving is to hire a sheriff's office or a professional process server. Paying their fee can be worth it because you know they'll serve correctly. However, there's often no barrier to having papers served by an ordinary person, like a friend.

Does a sheriff serve child support papers?

Most sheriff's offices in the U.S. serve child support papers. Contact the office that oversees the respondent's county. You'll need to fill out a form and pay a fee (usually no more than $50).

The sheriff (or, more likely, a sheriff's deputy) will go to the address you provide and try to hand the papers to the respondent. They can also help locate a respondent whose whereabouts are unknown, though this may cost extra.

Should I use a professional process server?

Relying on the sheriff's department can drag a child support case if the department is too busy. Hiring a professional can speed things up, though it's usually your most expensive option.

Process servers are professionals that must have a certification valid in the county where the service takes place (typically the respondent's home).

They are trained to use tools and techniques to find respondents who are avoiding their child support obligations and to serve them legal papers without breaking the law.

Professional process servers typically change between $20 and $100. The price depends on how quickly you need service done and whether you need the respondent located.

How are child support papers served?

Usually, papers must be handed directly to the respondent. This can happen anywhere: at their home, office, etc.

The respondent does not have to agree to accept the papers but should be made aware of what's handed to them.

In some states, child support papers can be served to an adult who lives with the respondent. And sometimes, papers can be served through U.S. mail.

How long does it take to serve child support papers?

Serving documents in family law cases can take anywhere from a few days to more than six months.

Sometimes service takes a long time because of complicated procedures, but delays are usually due to difficulty finding the respondent. That's why it's important to provide as much information about their location as possible.

If you know where the respondent lives, service should only take a few days from when you arrange a server.

The court or child support agency can set a deadline by which the child support papers must be served (or the deadline may be set by law). If you miss the deadline, you might be able to get an extension or you may have to start the case over.

How long do I have to respond to served child support papers?

The papers you're served with should say how long you have to respond. If they don't, call the court or agency listed on the documents and ask for the deadline. If you fail to respond on time, the case can proceed without your involvement.

Unless you claim you're not obligated to support the child (e.g., because you're not their parent), your response will need to include financial information.

Showing evidence that the papers have been served

After the papers have been served, the server must fill out a form as proof. Sometimes they give it to the person who hired them; sometimes they give it to the court or child support agency involved.

Either way, make sure that the proof of service gets filed with your court or agency on time so that your case can proceed.

Avoiding being served child support papers

If the respondent cant be found or is evading service, you can file a motion with the court asking to serve papers via an alternate method.

Often this method is publishing a notice in a newspaper, i.e., service by publication. Or the court may allow you to serve through email, text message or even social media.

In some states, like Georgia and North Carolina, an applicant can ask the child support agency for help finding the respondent.

Technically, avoiding service is not illegal. But it often backfires because it prevents the respondent from getting a say in the case. Your best bet as the respondent is to participate in the case and try to get a fair child support payment.

Getting an accurate child support order

The best way to ensure a fair child support payment is to provide accurate information about your income and your parenting time.

Most states factor parenting time into their child support calculations. Use the Custody X Change app to calculate your time with your child precisely.

Estimating your parenting time can impact your support order by thousands of dollars a year, so make sure your calculation is exact. The number will affect you, your child and the other parent for years to come.

Custody X Change calculates your parenting time so you get a fair child support payment.

Calculate My Parenting Time Now

Custody X Change calculates your parenting time so you get a fair child support payment.

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Family Law Self-Help Center - How to Serve the Custody/Paternity Papers

After you open a custody or paternity case, the next step is to make sure the other parent is “served” with the papers. It is up to you to make sure that the other parent is served. Visit this section to learn about how to have the other parent served, and what to do if you do not know where the other parent can be found.

The Court does not serve the papers for you. It is up to YOU to make sure the other parent gets served or your case will be dismissed and you will have to start all over.

What to serve the Defendant. There are 2 or 3 forms that have to be served.

When to serve the Defendant. If you don't serve by the deadline, your case will be dismissed.

Who can serve the Defendant. Only certain people are allowed to serve Defendant.

How to serve the Defendant. Defendant typically has to be served in person.

If you can't find or serve the Defendant. Learn options if Defendant cannot be served in person.

Learn more about each below.

What to serve

The other parent must be served with the following:

A copy of the filed Complaint for Custody/Paternity
A copy of the Summons. Make sure your summons has a clerk's signature on page 2. If it doesn't, get a proper summons issued by the clerk before serving.
A copy of the Joint Preliminary Injunction (if you filed one)

Keep the originals!

When to serve the Defendant

Your documents must be served within 120 days after you file the complaint. If the other parent is not served within 120 days, your complaint will be dismissed and you will have to start all over.

If you cannot get the other parent served within 120 days, you can ask the Court to extend the time for service. You can use the following forms to ask the judge to extend the time to serve. Fill out both; file the declaration with the court, and submit the order to the judge for review.

Extend the Time to Serve - Request (pdf fillable)

Extend the Time to Serve - Order (pdf fillable)

Who can serve the Defendant

The papers must be served by a "disinterested person. " This means someone who is not a party in the case, not interested in the outcome of the case, and who is at least 18 years old. Family members and significant others (boyfriends/girlfriends) cannot serve the documents. You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. Visit the Sheriff’s Civil Process Section for more information on their fees and services.

CAUTION!

Some judges require a licensed, professional process server to serve the documents. Find out from the department assigned to your case if the judge requires this. You can find a list of phone numbers to each judge's department by clicking here.

Can I serve the Defendant?

You can serve the documents yourself ONLY IF the Defendant is willing to waive formal service by signing a form and returning it to you. You have to give Defendant a copy of the documents, along with a notice and a waiver.

If Defendant signs the "Waiver of Service of Summons and Complaint," Defendant will have additional time to file a response to your papers. You must file the waiver with the court. All of the forms and detailed instructions are in the packet below:

Waiver of Service of Summons and Complaint Packet (pdf fillable)

How to serve the Defendant

The other parent must be personally served with a copy of the documents. This means someone must hand-deliver the documents to the Defendant in person. The other parent can be served anywhere – at home, at work, etc.

Whoever serves the Defendant must complete an Affidavit of Service stating when, where and what documents were served on the Defendant.

Affidavit of Service (pdf) Affidavit of Service (pdf fillable)

If you use the sheriff or a private process server, they may have their own form to complete as proof of service.

File the affidavit with the court to show that the other parent was properly served.

If you can’t find or serve the Defendant

You must do everything you can to locate the other parent and have them served in person. However, if Defendant is evading service or cannot be found, you have two options:

If you can contact Defendant but don't have an address, request Alternate Service

You can ask the judge for permission to serve by alternate means, such as through email, social media, by texting the documents, etc. If the judge allows you to serve by alternate service, you will have to send the documents through every method the judge identifies on the order.

Fill out and file these forms (by mail or efiling):
Ex Parte Request to Serve by Alternate Means (pdf fillable)

Affidavit of Due Diligence (pdf fillable)
Fill out the order below and email it to the department assigned to your case. To do this, find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following email format: This email address is being protected from spambots. You need JavaScript enabled to view it. and send it by email.
Order to Serve by Alternate Means (pdf fillable)
If the judge allows alternate service, fill out this form and file it after you serve Defendant by the methods ordered:
Proof of Alternate Service (pdf fillable)

The full packet with all forms and instructions is below if you prefer to print and fill it out by hand:

Alternate Service Complete Packet with Instructions (pdf)

If you cannot find Defendant at all, request Publication

If you have no contact at all with the other parent and don't know where to find him/her, the judge expects you to do everything possible to try and find them. Contact friends, family members, employers, coworkers, or anyone who might know where to find Defendant. Search for Defendant online through social networking sites and by email. You can also check the Post Office for forwarding information. Check with any source that might lead you to a good address. This is called doing your “due diligence.” The judge will want to see you tried as many avenues as possible to find Defendant.

If you still cannot find the other parent, you can ask the Court for permission to publish the summons in a newspaper instead. You may also have to mail the documents to a last known address if you have one. You will have to detail all of the efforts you made to find Defendant.

Fill out and file these forms (by efile or mailing):
Ex Parte Motion for Publication (pdf fillable)

Affidavit of Due Diligence (pdf fillable)
Fill out the order below and email it to the department assigned to your case. To do this, find the letter that your case is assigned to (for example, Dept C, Dept F, etc.). Insert the department letter where the _ is in the following email format: This email address is being protected from spambots. You need JavaScript enabled to view it. and send it by email.
Order for Publication (pdf fillable)
If the judge allows publication, you will need to contact the newspaper indicated in the order and arrange for publication. When publication is completed, make sure the Affidavit of Publication gets filed. If the judge ordered you to mail the documents to Defendant's last known address, do so and fill out and file the Certificate of Mailing below:
Certificate of Mailing (Publication) (pdf fillable)

The full packet with all forms and instructions is below if you prefer to print and fill it out by hand:

Publication - Complete Packet (pdf)

Publication - Complete Packet (pdf fillable)

Recovery of alimony for the past period \ Acts, samples, forms, contracts \ Consultant Plus

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Recovery of alimony for the past period

A selection of the most important documents upon request Collection of alimony for the past period (legal acts, forms, articles, expert advice and much more).

Alimony:
Maintenance obligations of children to support their parents
Alimony obligations of spouses
Alimony in 6-NDFL
Alimony in a solid amount of
Alimony of individual entrepreneur
more . ..

Judicial practice : Alimony for the last period

Open the document in your system ConsultantPlus:
Selection of court decisions for 2020: Article 113 "Determination of alimony debt" of the RF IC
(R.B. Kasenov) The court refused to satisfy the claims of the plaintiff - the recoverer of alimony for a minor child in enforcement proceedings to recognize as illegal the inaction of the bailiff, expressed in the refusal to calculate the debt on alimony; on the obligation of the bailiff-performer to calculate the debt. At the same time, the court recognized the conclusions of the trial court that the provisions of paragraph 2 of Art. 113 of the Family Code of the Russian Federation are of a general nature in relation to paragraph 1, since the fault of the alimony non-payer is presumed, therefore it is necessary to calculate the debt for the entire period from the moment the alimony is collected. As the court pointed out, as a general rule, the recovery of alimony for the past period is carried out within the three-year period preceding the presentation of the writ of execution for recovery. Alimony for the past period may be recovered within a three-year period from the date of applying to the court, if the court establishes that prior to applying to the court, measures were taken to obtain funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony from their payment . In the case under consideration, there is no evidence in the case file confirming that the debtor evaded the payment of alimony. These circumstances indicate that there are no grounds for recognizing as illegal the inaction of the bailiff in terms of calculating the debt.

Open the document in your consultantPlus system:
Selection of court decisions for 2019: Article 113 "Determination of arrears of alimony" of the IC of the Russian Federation
(p . B. Kasenov) The court partially satisfied the plaintiff's claims against the Federal Bailiff Service of Russia for a constituent entity of the Russian Federation, the MOSP of the Federal Bailiff Service of Russia for a constituent entity of the Russian Federation, bailiffs to challenge the decision to calculate the debt for alimony, the decision to initiate enforcement proceedings, and to recognize the actions of the bailiff as illegal on the calculation of the debt, imposing the obligation to determine the settlement period of the debt for alimony, imposing on the bailiff the obligation to calculate the debt for alimony, inclusive, taking into account the amount of the plaintiff's income. The court pointed out that, in accordance with Art. 113 of the Family Code of the Russian Federation, the collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution is carried out within a three-year period preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection. Meanwhile, in this case, when determining the period of formation of debt, an official of the bailiff service should proceed not only from the provisions of the above rule of law, but also from the following circumstances: whether the period of formation of debt was previously the subject of a dispute resolved by a justice of the peace, whether the plaintiff is guilty of non-payment alimony, for what period there was an arrears in the payment of alimony at the time of termination of enforcement proceedings, as well as the fact that the child, for whose maintenance alimony was collected, has reached the age of majority. Meanwhile, these requirements of the law were not complied with by the bailiff when issuing a decision on the calculation of alimony arrears.

Articles, comments, answers to questions : recovery of alimony for the past period

Open the ConsultantPlus:
Article: Disputes on the recovery of alimony for minor children (based on the judicial practice of the Moscow City Court)
("Electronic magazine "Advocate Assistant", 2022) As a general rule, alimony is awarded from the moment you apply to the court (clause 2, article 107 of the RF IC). However, the law provides for the possibility of recovering alimony for the past period within a three-year period from the date of applying to the court.For the court to make an appropriate decision, the plaintiff must prove that before applying to the court he took measures to obtain funds for the maintenance of the child, but did not receive them due to the defendant's evasion from their payment (for example, Appellate rulings of the Moscow City Court dated 10. 06.2021 in case N 33-23383/2021, dated 06/24/2021 in case N 33-16479/2021, dated 06/16/2021 in case N 33-19802/2021, dated 04/16/2019 in case N 33-15990/2019).

Normative acts : Recovery of alimony for the past period

"Family Code of the Russian Federation" dated 12/29/1995 N 223-FZ
(as amended on 08/04/2022)
(as amended and supplemented, entered into force from 09/01/2022) Alimony for the past period may be recovered within a three-year period from the date of applying to the court, if the court has established that before applying to the court, measures were taken to obtain funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony, from their payment.

Decree of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 56
"On the application by the courts of the law when considering cases related to the recovery of alimony" The court has the right to satisfy the claim for the recovery of alimony for the past period within a three-year period from the moment of applying to the court, if in during the trial, it will be established that before going to court, measures were taken to obtain alimony, but they were not received due to the evasion of the person obliged to pay alimony from paying them (paragraph two of paragraph 2 of article 107 of the RF IC).

Masa Media | What you need to know about alimony in Kazakhstan

In 2021, almost 50,000 divorces were registered in Kazakhstan. The country is among the top ten world leaders in the number of divorces per thousand people. In 65% of cases, divorces occur in families with children: they are placed in the care of one of the parents (most often the mother). In this case, the other partner is required to pay child support.

Understanding how the alimony system works in Kazakhstan, who is entitled to them, and whether it is necessary to go to court to receive payments.

Who is entitled to child support?

According to the Family Code of the Republic of Kazakhstan, underage children are primarily entitled to such payments: both parents are obliged to support them. And if the child is studying at a college or university, then the period for receiving alimony is extended - up to a maximum of 21 years.

A disabled child has the right to receive maintenance from able-bodied parents even at the age of majority.

However, child support can be paid not only directly to the child. In some cases, the former / current spouse may also request them: for example, if he (a) is raising a child with disabilities. And the spouse has the right to receive alimony during pregnancy and for three years after its completion.

Moreover, both options do not necessarily require a divorce - according to the country's legislation, spouses must financially support each other.

The child was born out of wedlock - does it matter?

No. If the father is officially known and entered in the birth certificate, then the child has the same rights in relation to the parents and their relatives as if he was born in wedlock.

If the father of the child is not included in the birth certificate, then you need to apply to the court to establish paternity. Complications at this stage can only arise if the man denies his relationship with the child: he will have to require a molecular genetic examination.

Do I have to go to court to get child support?

No. The court is an extreme measure directed against those with whom it is impossible to agree.

Before going to court, it is worth trying to conclude a voluntary agreement with the other parent and formalize it with a notary. This is beneficial to both parties, as they can determine the amount of payments and their form.

What if the parent refuses to pay and does not want to enter into an agreement?

Now this is the basis for a lawsuit.

You need to apply to the court at the place of residence of the defendant: contacts of local and district courts are available on the e-government website egov.kz. The list of required documents may change, so it is worth consulting with the court. Definitely needed:

- Statement of Claim (original and copy).
- Identification document (also original and copy).
- Documents confirming the right to receive alimony (certificate of registration / divorce, birth certificate of a child) and their copies for the defendants.

You can also file an application online, on the Judicial Office portal - then you will not have to make many copies, and in general the process will be faster. The completed application must be signed with an EDS, and then just wait for a response.

There is no need to pay the state fee for legal proceedings on such a claim: it will have to be paid by the person whom the court will force to pay alimony.

In what form can child support be paid?

If the agreement is entered into voluntarily by a notary, the form depends on the decision of the parties. Payments in this case do not even have to be monetary: they can come, for example, in the form of the provision of property. Also, instead of regular payments, an agreement may be concluded to receive a one-time large amount of money.

But if there was no agreement, the court will collect alimony in the first place as a percentage of income: one child is entitled to a quarter of the parent's income, two - to a third, and three or more - to half. Recovery is made from almost any source of income, whether it be a salary, a scholarship or a payment for renting out property. If the parent works in an organization, then the accounting department is obliged to independently withhold the necessary amount and send it to the person in whose favor the court decided to pay alimony.

However, if this approach is difficult or harms the parent's interests, the court may simply order a fixed monthly payment. For example, non-working debtors are required to pay alimony based on the average Kazakh salary (285,433 tenge for the 1st quarter of 2022). This gives rise to an incident: if the debtor does not work, then he is obliged to pay much more than if he works for the minimum wage (60 thousand tenge in 2022).

How long will the proceedings take?

Cases on the recovery of alimony, not related to the establishment of paternity or the involvement of third parties, are resolved in writ proceedings within 16 working days. The court simply checks all the documents sent and, in case of a positive decision, immediately sends the order to the defendant.

But if the defendant has objections to the decision, the order can be canceled, lawyer Tair Nazhanov explains. In this case, you will have to go to court again - and the help of a lawyer will already be needed, since a full-fledged trial will begin.

When can the other parent legally avoid payments?

The court may release debt for a specific period (not for all time) if there are good reasons for this - for example, illness. Unemployment in itself, without serious grounds for it, is not such a reason.

Payments can also be stopped completely if the child is adopted by another parent.

Can a debtor evade alimony?

According to the lawyer Tair Nazkhanov, there is only one way to avoid paying alimony: simply not to pay them. But there are many ways to reduce their amount: from setting a minimum wage for yourself, to transferring your property to other people.