Question:
My husband is attempting to have his child support modified in Broward County, FL. We cannot afford a lawyer since we live in IL, so he is doing pro se representation. He sent the supplemental petition and appropriate papers and included last known address for service as well as a special note on the Process Service Memorandum notifying the Sheriff that his ex-wife had filed for confidential address last year (she's claiming "harassment" because he called to talk to his son). Therefore, the CoC should have her most recent address. He checked the Broward Sheriff's site today and the papers were marked as not served. FL Rules of Civil Procedure state the criteria for personal service--whether on a party, as required when modifying child support, or an attorney--and mentions that if no address is known, the papers shall be left at the CoC. So here's the general question: Does the CoC then send the papers if the other party has filed to keep their address private? How can we effect personal service on the other party, as required by FL law if we have no address for the other party? Again, he specifically stated on the Process Service Mem. that she had requested Confidential Filing of Address and that the CoC should have most current address. Any guidance here would be most helpful, as he gets no answer at the CoC telephone numbers he has been given, nor does anyone answer his messages. We've tried the self help email link on the appropriate website, but they just refer him to the CoC.
Answer:
I suggest that you look at the local and State rules for hiring a special process server. The cost is usually less than $100.00. The special process server will give you more time and focus on the issue than the sheriff's office. You can have her served at work if that address is known. Further if you know that she attends a specific function on a daily or weekly basis you can have her served at that location. For example if she bowls every Thursday night have her served at the alley. Finally, some jurisdictions allow service by publication if you are unable to obtain personal service. Review the state and local rules on that subject. I cannot answer your question specifically to the laws of Illinois or Florida as I am not licensed in those States.
Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
