I wasn't served child support properly it was mail to my mother address where I don't live
I suggest you speak with your lawyer about raising the issue of lack of personal jurisdiction but would not suggest ignoring the matter by failing to appear in court. Otherwise, you might find yourself having to vacate a default judgement for a sum of support you can not afford.
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Using your mom's address while living with the woman suing you for child support? I'm going out on a limb here, but are there domestic violence/restraining order issues involved?
I hardly think that you can claim you didn't have notice of the summons when you were living with the child's mother at the time she asked for it. There is actual notice, and constructive notice. This is classic constructive notice. I am pretty sure that the Judge will be able to discern that any fault in service of process is easily cured by the fact that you were living with the woman demanding child support.
Get yourself representation, and pay the child support. Be sure to ask the attorney about offsets to the support for any ongoing monetary contributions you make to the household, as well as whether any domestic violence issues or restraining order issues could affect things for you.
This does not constitute legal advice or the engagement of my services as an attorney.
If you were not properly served then the court does not have jurisdiction over you. Speak to an attorney to plan your course of action.
It is never safe to not appear because there is the chance thatthe other party submits an affidavit of service indicating proper service. As my colleague indicated, the court could issue a default judgment against you. The burden would then shift to you to have that judgment vacated. It would be safer to appear and contest service.
Also, consider the fact that even if you challenge service, the court would have the petitioner serve you again. Since any orders are retroactive to the filing date, there is no financial benefit to you unless she decides not to proceed and the petition is dismissed.
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