How do I serve court papers on the other parent?

This is a discussion on How do I serve court papers on the other parent? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Dear JJ--here are guidelines for serving your ex in New York. Law 200 The clerk will give you a packet ...

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Old Aug 5th, 2007, 12:45 PM   #1
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Default How do I serve court papers on the other parent?

Dear JJ--here are guidelines for serving your ex in New York.

Law 200



The clerk will give you a packet that must be served on the other parent, as
well as an Affidavit of Service that must be signed by the person who serves
the packet, in front of a Notary Public. Don't forget to bring the Affidavit of
Service with you when you come to court.

❑ Anyone who is over 18 can serve the papers, except you. This could be a
friend or relative or a police officer. You can also pay the sheriff or a
private process server to do it for you.

❑ You must arrange to have the other parent served at least eight (8) days
prior to your court date.

❑ The other parent can be served on any day except Sunday.
Service can be:

❑ by handing the service packet to the other parent,

❑ by handing the service packet to a "person of suitable age and discretion"
who lives at the same address as the other parent and then mailing it to
the other parent in an envelope marked personal and confidential, or
❑ by certified mail.


If you choose to serve a "person of suitable age and discretion" be sure to
identify that person on the Affidavit of Service. If you choose to serve by
certified mail, be aware that unless the other parent signs for it, the Hearing
Examiner will not issue an Order of Support if that parent fails to come to court.

If you have problems serving the other parent, the Hearing Examiner may
permit you to serve them them in another way. Be sure to keep careful track
of each time that the server tries to serve. You might find it useful to keep
a log like the one below. Before you go to court, have the server list all of
the attempts, giving the dates and times of day and places, on the Affidavit
of Service, before signing it in front of a Notary Public.
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Old Aug 5th, 2007, 12:48 PM   #2
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Default Re: How do I serve court papers on the other parent?

How much will the non-custodial parent be ordered to pay?
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Old Aug 5th, 2007, 12:59 PM   #3
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Default Re: How do I serve court papers on the other parent?

The amount owed is calculated according to a law called the Child Support
Standards Act (CSSA).
Under the CSSA, non-custodial parents will be ordered to pay a percentage of
their gross income, minus certain deductions, until the child reaches the age
of 21. The most common deductions are for Social Security and Medicare
taxes that they pay, and for New York City or Yonkers income tax that they pay.
Also deductible is any child and spousal support that the non-custodial
parent is already paying, under a prior court order or written agreement.
The percentages are 17% for one child, 25% for two children, 29% for three
children, 31% for four children, and at least 35% for five or more children.
The non-custodial parents will also be ordered to cover the children on their
health insurance plans, if one is available to them through their employment.
The non-custodial parent must also pay a "pro rata" share of reasonable
childcare expenses if the custodial parent needs childcare because she or he
is working or attending school or a job-training program. ("Pro rata" means
based on the non-custodial parent's income, relative to the custodial parent's
combined parental income. For example, if the non-custodial parent makes
$75,000 a year, and the custodial parent makes $25,000 a year, the non-custodial
parent would have to pay 75% of the cost of the childcare.) The noncustodial
parent must also pay a pro rata share of the child's
unreimbursed health care expenses. Unreimbursed means not covered by
insurance. For example, under many insurance plans, you have to make a
co-payment when your child visits the doctor; the non-custodial parent can
be ordered to pay for a share of that expense.
The non-custodial parent may be ordered to pay a share of childcare expenses if
the custodial parent needs childcare because they are looking for work. The noncustodial
parent may also be ordered to pay a share of the child's educational
costs such as private school or college tuition.
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Old Jul 11th, 2009, 11:32 PM   #4
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Default Re: How do I serve court papers on the other parent?

What if papers were dropped in my mailbox and the court date is only 2 days away? What should I do?
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Old Jul 12th, 2009, 08:40 AM   #5
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Default Re: How do I serve court papers on the other parent?

I'd guess ask for a continuance.... ? Tell them you need time to find representation.
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Old Aug 13th, 2010, 01:43 PM   #6
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Default Re: How do I serve court papers on the other parent?

I live between Canada (new husband lives/works there) and Florida. My Ex lives in NY. He has made the threat that my kids, that are with him for the summer, he is keeping. We have 50/50 custody but he only see's them usually for two weeks durring the summer. I am filling for full custody in Florida (thats where the divorce was issued). How do I serve him papers if he has moved away, so I can get my kids back???
Thank you in advance
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Old Feb 29th, 2012, 07:26 AM   #7
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Default Re: How do I serve court papers on the other parent?

If you have fifty-fifty custody i do not believe your ex can legally refuse to return your children to you with out getting a court order giving him/her permission to do that. and i further believe your ex would have to have you legally served papers to appear in court in order to get and order in effect.
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Old Feb 29th, 2012, 07:31 AM   #8
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Default Re: How do I serve court papers on the other parent?

Quote:
Originally Posted by Unregistered View Post
What if papers were dropped in my mailbox and the court date is only 2 days away? What should I do?
dropping papers in mailbox is NOT a legal way of serving papers. ( because realistically the papers could have been put in the wrong persons mailbox ) ; serving papers MUST either be thru certified mail you sign for, OR be handed directly to you.
you could opt to accept the form of service you got and ask for a continuance, making certain the court knows how the papers got to you; OR even mail them to the courthouse overnight delivery with letter that the papers were not properly served and were dropped in a mailbox. ( the judge MIGHT make them restart the process to have you properly served. ) Good Luck.
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Old Feb 29th, 2012, 07:36 AM   #9
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Default Re: How do I serve court papers on the other parent?

Quote:
Originally Posted by Unregistered View Post
I live between Canada (new husband lives/works there) and Florida. My Ex lives in NY. He has made the threat that my kids, that are with him for the summer, he is keeping. We have 50/50 custody but he only see's them usually for two weeks durring the summer. I am filling for full custody in Florida (thats where the divorce was issued). How do I serve him papers if he has moved away, so I can get my kids back???
Thank you in advance
to serve him papers you could do what i have previously done, which is to mail the papers " certified mail " to THE local SHERIFF'S DEPARTMENT where He lives, along with a postal money order for the amount the sheriffs dept charges to serve papers. the sheriff will then serve him for you. the sherrif will serve him and then mail back to you PRROF OF SERVICE PAPERS and it is your responsibility to bring those papers to court to prove to the judge / court he was properly served.
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Old Feb 29th, 2012, 07:38 AM   #10
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Default Re: How do I serve court papers on the other parent?

most sheriff depts only charge around twenty-five dollars to serve family court papers.
you can call information to get the sheriff dept phone number for the area he resides in. and call them befor mailing it out. and as stated above the sheriff will mail back to you proof of service papers for you to give to the court you file your papers in.
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