Acceptance of Service by Email?
***I know CS for kids over 18 is a trigger for a lot of posters. Please only post if you have a helpful comment!
So ExH is trying to modify (aka cut off) CS for my 18 year old who is a CAS/Child Attending School. Apparently they've been trying to serve me as I've seen on my Ring cameras but with no luck since I work 60+ hour weeks with rotatating schedules. The lawyer sent the motion and an "Acceptance of Service" by email. He's asking me to respond in 10 days and wants me to accept this through email. Of course this would make it easier for them not to have to continue to try to physically serve me but do I really want to be so accomodating? No! I don't want to appear like I'm trying to make this harder in the eyes of the court either.
I believe that I legally don't have to respond at all and only need to respond to actual service in person or through the mail if it's been approved by a judge. They are asking for lawyers fees. Has anyone ever been awarded fees in a situation like this? I'm going pro se since last time I had to deal with a modification it cost upwards of 10k. It would be nice to have a lawyer deal with all the logistical stuff but it's not happening this time.
What is the timeline? Do I need to respond to them now or wait for a summons?
I would appreciate any helpful comments and advice from those who have dealt with court, modifications, etc.. representing themselves.
I have no advice to offer but
I have no advice to offer but just wanted to wish you well with this!
PS - I think it's crappy that they're asking for lawyers' fees given that:
Thanks Winterglow, I haven't
Thanks Winterglow, I haven't heard of anyone who is Pro Se being ordered to pay the other partys lawyers fees. I've only heard about the judge dismising the request. Yes, they started the motion and I have been cooperative, in contact and responding to the lawyer.
I don't know, but I found the
I don't know, but I found the service rules for my state online when BM's attorney served DH less than a week before court. We were able to get it postponed based on that. I'm guessing a quick google search will tell you all you need to know.
What are the laws of your state regarding CS? If they allow CS to go until he graduates, then you might be fine to just accept, show up and argue. DH went pro se last time and we just researched it all. He lost, lol, but we knew he would anyway, since my state gives mothers whatever they want, and BM was technically within her right to request more support.
I guess what I'm saying is, if it's his right to stop CS right now, then avoiding service won't get you anywhere.
To be clear, I'm not avoiding
To be clear, I'm not avoiding service. I have looked up laws in my state and I don't have to accept service through email or social media unless I agree to it. Plus the lawyer added a bunch of other wording in the Acceptance of Service paper that I refuse to sign. Yes CS goes to 21 as a CAS in my state. Sorry your DH lost. I guess it's better to lose pro se rather than pay a lawyer thousands of dollars and still lose.
Gotcha - why does he think he
Gotcha - why does he think he can stop the CS then?
DS has an Intellectual
DS has an Intellectual Disability, ex doesn't think his program that is part of the school system qualifies as school enven though our state statutes encompass these programs.
I agree with Tog what are the
I agree with Tog what are the laws of your state? Also avoiding service won't stop the process all it will do is end up with a court date, you not attending and your ex getting CS stopped as well as you paying attorney fees.
And possibly paying him any
And possibly paying him any support he's paid since the date he filed, if he's found to be the one with the right to stop it.
Hi Tog, CS is not garnished
Hi Tog, CS is not garnished in this case. He already stated that he will not be paying past November. DS is a CAS and also has a disability. There are CAS laws in my state. My question though was about acceptance of service via email, pro se, and lawyers fees. Do you have any input regarding those?
Hey advice, do you actually
Hey advice, do you actually know of anyone who was awarded attorney's fees in this or a similar situation?
What does your divorce decree
What does your divorce decree or child support agreement say about when child support ends? Are there any stipulations?
The CO does allow for a CAS
The CO does allow for a CAS until the age of 23. The state that is enforcing it allows until 21 but the enforcing state cannot change the legnth of support. DS is a CAS, my question is about pro se, acceptance of service, and the other party requesting fees. Do you have anything to offer in that area?
I think Google is your best
I think Google is your best bet - the laws are different in every state.
Also, why would they award fees? That's very rare, and nothing in this situation warrants that.
Google is moderately helpful
Google is moderately helpful but I appreciate hearing from people who have experienced it first hand.
Still learning, did you know
Still learning, did you know that IF your bm asks for it, did you know that bm may be awarded life long child support? You said ss has a disability? All she has to do is ask for it.
About 'service' I would call the clerks office??Ask them what the deal is??? Have you thought about that?
About attornies fee's. A casual friend was awarded all attornies fees. Here is the back story.
BM asked the court to order her ex to pay for 1/2 of all college costs, 1/2 for cell phone, 1/2 of a car costs she bought for their only child, 1/2 of car insurance and 1/2 for braces. Judge tossed everything out--- BUT lawyer fees.
So, I believe that was 1 way the Judge could to stick it to her ex. ---The dad was paying very low cs amount considering what he should have been paying for many years. I kinda felt bad for him BUT bm was footing the bill for everything...so---thats that.
Today I found out what the
Today I found out what the deal was with 'service'. The lawyer emailed me, then sent the motion in the mail, and emailed me again asking me to sign the Acceptance of Service. I conferred with the law firm that dealt with the original order and they said that No, I haven't been served yet. The lawyer is threatening to have a Sherriff serve me...Oooh scary.
The law firm also told me not to worry about the threat of the ex being paid legal fees. He said there's no way they'll get them. Since this is an adult situation of a few years that we're dealing with and not a long-term CS situation, he said I have nothing to lose and suggested I just wait to be properly served and continue to go pro se and let them bring it before a judge.