My ex lives with his parents, he is 33 ( loser) anyway we broke up before my daughter was born and he never signed the birth certificate. i filed papers to recieve child support and to establish paternity...he never showed up, that was about a month ago. the court ordered him to be served, they went to the house and his mother answered and she refused to take the paers or sign for them. it says on my account they were left at her feet in plain site...my question is what happens next? i have to go back to court on the 31st of july, if he is not there AGAIN will she be responsible and get in trouble? and what is the next step the court will take?
2007-07-13 06:56:58 · 13 answers · asked by what2do? 2 in Family & Relationships ➔ Marriage & Divorce
we were together for 4 years, and i have an amazing little girl that i couldn't imagine life without. he is a loser but i am grateful for my little girl, i just wish he would be a man about his responsibilities
2007-07-13 07:07:30 · update #1
Dear Munchkin's Mommy,
It is required by the court that all parties to a lawsuit (any type) must be notified of the suit and it's intent. Because your ex's mom did not accept the papers is no excuse. Since he is totally ignoring the suit, he is actually setting himself up for having to pay whatever you ask. Is he employed? I hope so. Once child support is ordered, your attorney should get a wage withholding order signed by the judge at the same time. It will be supplied to your ex's employer and they will take the child support out of his check before he receives it. Wonderful, huh? Judges don't like his type of behavior and tend to really slap the father with penalties when he behaves this way. Don't waste time trying to talk with him yourself. Keep it impersonal and legal. Good luck.
2007-07-13 07:05:59 · answer #1 · answered by Peanut 4 · 1⤊ 0⤋
My X's parents did this also, during the custody battle for my child. Its kind of a toss up to be honest. However, the Judge most likely will not be happy with the fact that they refused to sign for them. You will need to get an Affidavit from the person who served his mother stating that she refused service. This will look very poor on the part of your ex. Though he most likely won't get in any real trouble, it will let the Judge know he's low life. As to the Birth Certificate, if your ex says the kid isn't his, the courts will order a blood test to determine paternity. Once, the results come back proving he's the father, he is legally and financially responsible for your child, whether or not he signed the Birth Certificate.
2016-05-17 04:16:51 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Not sure what will happen to her. He could be put in jail for contempt of court. Since he didn't sign the birth certificate in order to get child support I think you will have to do DNA testing. Good Luck it is hard to believe that there are so many dead beats out there. That includes men and women. You make a baby then just don't give a rats butt what happens to the child. I hope all this works out good for you. Take Care.
2007-07-13 07:02:53 · answer #3 · answered by bluebird 4 · 1⤊ 0⤋
His mother won't get in trouble for not giving him the papers. If he does not show up in court in July, then they will probably suspend his license and a warrant will be filed. If and when he gets caught he's going to jail, whether it's a road block or routine traffic check, he will go to jail. I know that for sure. And if that state is anything like GA, if he ever gets arrested he will have to get that money paid before he is released. Isn't that great!!!!! Hold on baby girl, he can run but he surely can't hide. Your payday is coming soon!!!!!BLESSINGS!!!
2007-07-13 07:43:27 · answer #4 · answered by W.O.W. 2 · 0⤊ 0⤋
Since it is noted that papers WERE served there will be a warrant out for his arrest and once caught he will be jailed. On top of that he WILL be ordered to pay support when he gets out as well as any back support owed. His mother just put his butt into the wringer.
2007-07-13 07:46:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Don't worry soon he will have a warrant for his arrest you go to court and explain to the judge was going on.. tell them that his mother refuse to sign the paper or deliver the paper to him.. but one thing I know is not that easy to get off a responsibility be persistent and go to that court date..soon he will be in jail and then what? he has to pay,if i were you i would seek a lawyers advice and he will tell you just what's going on.. good luck.
2007-07-13 07:37:58 · answer #6 · answered by boricua_2290 5 · 0⤊ 0⤋
Basically your ex was considered served when those papers were dropped off. Now its his responsibility to show up for court or forgo his legal right to counter your claim, which means you win child support by default/no-show. So it would definitly be to your benefit if he doesnt show and he cant do anything about it afterwards either
2007-07-13 07:26:36 · answer #7 · answered by Arthur W 7 · 1⤊ 0⤋
nothing happens to her, because she is not a party to all this. however, there was an attempt for him to be served. it is reasonable to assume he knows something about this from his mom. it is now his responsibilty to show up or investigate.
since they left the papers at his house, he served. all is done on the ADA's end. he was notified in the paperwork he has a hearing. if he decides not to show....too bad for him. because the ADA will only rule without him. and you will be granted full child custody support. and he has no say so. they will garnish his wages.
2007-07-13 10:18:20 · answer #8 · answered by Bella 5 · 0⤊ 0⤋
Do not give up there is alot on the net you can get into to find this loser's whereabouts. If you have any info on him such as ss#, or cell or address enter it and you might get the info you need.
Do not underestimate the system they will find him and when they do, he will pay retroactively as well..considering he is the baby's dad..good luck to u..keep the battle going for the sake of your baby and baby's needs..:)
2007-07-13 07:42:06 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Umm...That's a really, really good question. Have him served at work? The court is responsible to issue the legal documents. Will she get in trouble,? Probably not, because she isn't him, and isn't his guardian.
2007-07-13 07:01:42 · answer #10 · answered by chaoss13 6 · 1⤊ 0⤋