My husband got court paperwork delivered to our mailbox. It was not certified mail and no sheriff deputy delivered the papers. Was he properly served? Does he still have to appear in court for a show cause case for child support? We just received the paperwork 4 days ago and the court date is scheduled for next Monday!
Good question. You can object that you were not technically served properly under Rule 4, but I am not sure that that will lead to a dismissal of your case. The worst thing that will happen for the plaintiff is that the judge will dismiss the action without prejudice (based on technical non-compliance with Rule 4, as you already mentioned), then allow the plaintiff to refile. Eventually your husband is going to be served, one way or another according to Rule 4. This might delay the reckoning in court, but will not prevent it from taking place. Engage family law counsel if your circumstances permit you to do so. Best wishes to you both this spring.
I changed the practice area to Child Support. Hopefully you can get an answer from an attorney about this specific type of case. I generally agree with Mr. Robinson. If he is indeed behind on child support he needs legal advice ASAP because there can be some very negative consequences to ignoring a show cause order.
This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice.
Proceedings in contempt are via motion. Motions are subject to Rule 5 service. Regular first class mail is sufficient under Rule 5 of the NC Rules of Civil Procedure. Further, the statute states that only five (5) days notice is required. According to the information you've provided, your husband has received proper service. He should certainly plan to attend the hearing.
Fred Amos provides legal representation in Wake County , North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances.
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