I have tried to have a process server serve my ex wife court papers (to end child support) and she refuses to come to the door

You should have the constable leave the copy of the complaint for modification and summons, along with any other court documents reflecting court dates, at your ex-wife's last known address. Be sure you get and bring to court a document from the constable reflecting his several attempts at in hand service and the fact he left the paperwork at the front door. Your question does not discern whether the December court date is for your motion to terminate child support or is a pretrial conference date. You could mark a motion for alternative service to be heard on December 7th. Also, when you appear before the judge on December 7th, request that the court enter a temporary order that support be terminated immediately. Also, the MA DOR also can assist you in termination of child support. Good Luck.

You don't indicate in which state the action is pending. In Massachusetts, a modification can be served by leaving a copy of all the papers at the last known address and then mailing a copy, again to the last known address. The constable should complete an affidavit of service detailing the attempts to make "in hand" service" as well as the leave and mail service. That affidavit should be returned with the original summons so the summons and affidavit of service can be filed in Court. If the action is pending in FL, you should ask the constable if alternate service is available. If in hand service is required, and your ex-wife is refusing service, then file a motion for alternate service, and ask the Court to allow either substituted service (leave and mail) or service by publication. The latter is more expensive and time-consuming, so I would ask the Court for approval for leave and mail.

The process server may be able to file a certificate of due diligence - consult a local attorney and discuss proper procedure.

Have the constable leave the papers and make a return of service. Also have the constable sign an affidavit as to what he did. You also sign an affidavit about how you kow yoiur wife lives there and is avoiding service. File these with the court to see if it will be accepted. Good luck. Steve Coren Steve Coren

Ask the court to be allowed to serve by publication. Does this answer your question? henry lebensbaum, esq. 300 Brickstone Square, Ste 201 Andover, ma 01810 (978) 749-3606 420 Common St., Ste 101 Lawrence, MA 01840 (978) 685-2690 [email protected] I usually check email every few hours during the day. (by appointment only) PLEASE NOTE that: (1) e-mail communication is not a secure communication method; (2) any e-mail sent to you or by you may be copied and held by various computers as it goes from sender to recipient; (3) emails may be intercept by persons improperly accessing your computer or my computer or even some computer unconnected to either of us through which the e-mail passes. I am e-mailing because you have agreed. If you change your mind and want future communication to be sent in a different mode, please advise me at once. The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this e-mail in error. Any review, dissemination distribution, or copying of this message is strictly prohibited. If you have received this e-mail in error, please notify us immediately by e-mail and delete the original message.

You need to get her served. You may ask for your time or a continuance on the hearing in order to make alternate service. If you are stuck at this early stage, my best advice would be to hire a lawyer.