A person has been trying to serve me with a subpeona for a Child Support court date, if they can't will I get a warrent?

Asked about 2 years ago - Porterville, CA

They have been trying to locate me at various places that I have lived or temporarily stay at. They have been unsuccessful.

Attorney answers (2)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . You are evading service and 1 of 2 things will happen:

    First, if you are eventually found and served, the judge will not be happy with your attempts to evade service. Don't be afraid. There is no reason to hide from the service--don't you want the court to know your side of the story? The only way that's going to happen is if you willingly accept service and tell the judge whatever you want to say.

    Second, if you are successful in your attempts to evade service, the result is no better: the other party will be able to show his/her attempts to serve you personally and then will likely be able to serve you by publication. When (not if) this happens, the other party will get the child support order he/she wants by default, without your participation. If she claims you are earning more money than you are, well, too bad for you--you forfeited your right to tell the judge your story because you're actively evading service. They win without a fight.

    Hiding and ignoring the problem only makes things worse for you. Come clean. It will be a whole lot better for you. Why? Because if DCSS becomes involved, they will track your employer down and your wages will be garnished. Even if you live under a rock, you can kiss all your future tax returns bye-bye, because they will intercept them and pay your back child support. Your bank accounts will be levied, so you won't be able to have a bank account with any money in it. And, here's the best part: your child support obligation will accrue interest of 10% per year and your debt will never be dischargeable in bankruptcy court.

    The better approach is to accept service and hire a lawyer to protect your rights. Have I convinced you that your approach will only fail? Hope so.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button or "Best Answer" at the... more
  2. Dave Bahr

    Contributor Level 16

    2

    Lawyers agree

    Answered . I agree with my colleague Ms.Norton's excellent advice; trying to hide will not avoid the ultimate issues in dispute and only make you look worse to the judge (who will be evaluating your claim). Talk to a lawyer and deal with this.

    I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your... more

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