munsterwoman
New Member
My son is about to turn 18, and will be attending college. As allowed by MA laws, I am trying to have my child support order modified to extend payments beyond his 18th birthday, as long as he's in college. My ex lives out of state (WY), and I attempted to have the summons served on what turned out to be a vacant address (he has moved, and not given me a new address.) The clerk who answered my call at the courthouse told me that as long as the service was attempted by a sheriff's deputy at his last known address (it was), that it's considered "good" service, and I can then request a hearing. My son will be 18 within a few weeks.
My questions are this: (a) is that really "good" service; (b) do I have to wait the three weeks normally allowed for an answer, when I know that I won't get one, because service was unsuccessful; and (c) what happens if between now and the hearing, I am finally contacted by him and provided an address? – Am I then obligated to have him served [again] and wait the three weeks, which will put me past his 18th birthday? – If the support order lapses because of this, will support be retroactive to when it stopped?
My questions are this: (a) is that really "good" service; (b) do I have to wait the three weeks normally allowed for an answer, when I know that I won't get one, because service was unsuccessful; and (c) what happens if between now and the hearing, I am finally contacted by him and provided an address? – Am I then obligated to have him served [again] and wait the three weeks, which will put me past his 18th birthday? – If the support order lapses because of this, will support be retroactive to when it stopped?
