If I live in one tate and myjusband lives in another but he refuses to give me his address, how can I serve him modification papers?

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If I live in one tate and myjusband lives in another but he refuses to give me his address, how can I serve him modification papers?

I need to modify the papers that the judge ordered on 8/1 to include medical expenses which was left out. However my husband owes me a lot of child care expenses which he was ordered to pay at 50% direct to me, child support is via probation. Can I ask the court since he is refusing to pay direct to me or the provider that this expense be garnished with the child support? Also, he’s not paying child support at this time either. The judge gave us 50/50 custody but I would like that changed as well since he refuses to respond to any text, email or call I’ve made.

Asked on October 18, 2012 under Family Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you don't know your husband's address, you could have a process server do a skip trace to locate him.  If that is unsuccessful, you can have your husband served by publication.  Service by publication is running a notice in the legal notices section of a newspaper for a certain period of time.  The period of time varies from state to state, but your court clerk can tell you how long the notice has to run in your state for it to be effective service by publication.  Service by publication is effective even if your husband never sees the notice in the legal notices section of the newspaper.

As for the other items you mentioned, the court can enforce its orders with civil penalties and/or criminal penalties.  You can ask the court for a wage garnishment.


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