Was I properly served?

[eyore]

Case is in MA

I am NCP with joint legal custody and EOW visitation.

Came home yesterday to find complaint for modification papers sitting on top of my mailbox.

1) Is this proper service?

2) How should I respond?

[socrateaser]

>Case is in MA
>
>I am NCP with joint legal custody and EOW visitation.
>
>Came home yesterday to find complaint for modification papers
>sitting on top of my mailbox.
>
>1) Is this proper service?

Go to the courthouse and look in the file for the certificate of service and see who signed it. If the answer is the other party, then no. If it was a process server, then the answer is still no, but it will be more trouble for you to prove the server's fraud, than to just respond to the motion as if it were properly served.

Ultimately, you'll be properly served and you'll have to deal with the mod, so you may as well do it now.

While your at the court, you should check your version of the mod papers with the version on file at the court. If they are the same, then treat yourself as having been served. If they are NOT the same, that would be a fraud against the court worth making a stink about.

So, let me know if that happens.

>
>2) How should I respond?

See above.

[eyore]

Turns out I was properly served but on Friday by the Sheriff.
I guess my EX was so excited that she decied to drop a copy off at my house on Monday.

She is trying to modify visitation schedule by having me do all pick ups and drop offs. We currently split travel.

She wants more child support.

1. Do I have to answer this?

2. If yes what is the proper form to answer?

I do not feel she has grounds to warrent change in visitation schedule.
We mutually agreed and signed a parenting agreement several years ago but it was never entered into the court record.

Shoud I ask that it be enterd into the court records?

I also have over 6 years of custody trackers showing that we have been sharing the travel and now she just does not want to do it anymore.

3. On the child support do I fill out the forms provided and bring them to court or do I have to send her a copy? she is Pro se.

[socrateaser]

>1. Do I have to answer this?

No, but I advise that you do.

>
>2. If yes what is the proper form to answer?

Depends on your jurisdiction and local rules -- as well as the precise allegations in her motion and supporting declaration/affidavit.

>I do not feel she has grounds to warrent change in visitation
>schedule.
>We mutually agreed and signed a parenting agreement several
>years ago but it was never entered into the court record.
>
>Shoud I ask that it be enterd into the court records?

That would be a pretty good idea, but it's old news. I would use it as evidence of the parties mutual intent at the time, and then ask the other parent what has changed so substantially to require a custody mod.
>
>I also have over 6 years of custody trackers showing that we
>have been sharing the travel and now she just does not want to
>do it anymore.

You'll probably win this point.

>3. On the child support do I fill out the forms provided and
>bring them to court or do I have to send her a copy? she is
>Pro se.

Probably, but I can't tell you for certain, without knowing the rules of civil procedure for your jurisdiction.

[eyore]

Jurisduction is Middlessex County MA.

Her complaint has 4 parts.

Part one lists her as the plaitiff.

Part two lists original order, joint legal custody, her residentail. Me having visitation as the parties mutually arranged and agreed upon. Me paying child support in the amout of $ a week.

Part three is where she lists what changes have occured to ask for a change: this is what she wrote.
X refused to bring daughter home to me on Jan 28, 2007. I had to have my brother  pick up daughter at X's house with a police officer. X is in arrears of child support in the amount of $X.

Part four plantiff wants:
X to pick up and drop off Daughter home form all visits on time. X not to call or bring daughter back form visits to my place of employment. X to pay child support arrears in full and increase weekly support payments.

What actually happened on the night on Jan 28th is I was getting ready to bring daughter to X at X's work as has been normal drop off spot for last 6 years. X called daughter to find out what time we were coming and asked her who was bringing her?

Daughter stated Dad. X hung up, called my wife and told her if I showed up at her work she would call the police.

She was the one changing plans at the last minute for no normal reason. My wife asked her why she was trying to start problems, she said he is not to come here anymore. We said we need more than 2 minutes warning if you wanted us to bring her somewhere else.

My wife told her that she thought it would be best if she were to come and pick up the daughter.

We then called out local police to ask for advice. We actually have nothing more than a verbal agreement in place about pick up and drop off so the police said if she was threatening me to not put myself in a bad position by going there.

I did call the x back and offer to take my daughter to the local police station in the town of her Employer so that I would still be doing the driving. I was told that her brother was already on the way.

Our local police stayed involved due to that fact that I had to leave to go to work and my current wife was at the home alone with my young son so a police escort was there on our request. X makes it seem she had to get the police.

Now you know the whole sorted story.

I don't care about taking daughter home instead of to the workplace, I will get to keep her extra time in that case. I do not want to the driving both ways.

X does not work on Friday's so had been doing the drop off.
If I starting doing pick up it would cut at least two hour off my time with daughter by the time I got to her, plus time getting back to house.

1. How do I respond?

[socrateaser]

>Jurisduction is Middlessex County MA.
>
>Her complaint has 4 parts.
>
>Part one lists her as the plaitiff.
>
>Part two lists original order, joint legal custody, her
>residentail. Me having visitation as the parties mutually
>arranged and agreed upon. Me paying child support in the amout
>of $ a week.
>
>Part three is where she lists what changes have occured to ask
>for a change: this is what she wrote.
>X refused to bring daughter home to me on Jan 28, 2007. I had
>to have my brother  pick up daughter at X's house with a
>police officer. X is in arrears of child support in the amount
>of $X.
>
>Part four plantiff wants:
>X to pick up and drop off Daughter home form all visits on
>time. X not to call or bring daughter back form visits to my
>place of employment. X to pay child support arrears in full
>and increase weekly support payments.
>
>What actually happened on the night on Jan 28th is I was
>getting ready to bring daughter to X at X's work as has been
>normal drop off spot for last 6 years. X called daughter to
>find out what time we were coming and asked her who was
>bringing her?
>
>Daughter stated Dad. X hung up, called my wife and told her if
>I showed up at her work she would call the police.
>
>She was the one changing plans at the last minute for no
>normal reason. My wife asked her why she was trying to start
>problems, she said he is not to come here anymore. We said we
>need more than 2 minutes warning if you wanted us to bring her
>somewhere else.
>
>My wife told her that she thought it would be best if she were
>to come and pick up the daughter.
>
>We then called out local police to ask for advice. We actually
>have nothing more than a verbal agreement in place about pick
>up and drop off so the police said if she was threatening me
>to not put myself in a bad position by going there.
>
>I did call the x back and offer to take my daughter to the
>local police station in the town of her Employer so that I
>would still be doing the driving. I was told that her brother
>was already on the way.
>
>Our local police stayed involved due to that fact that I had
>to leave to go to work and my current wife was at the home
>alone with my young son so a police escort was there on our
>request. X makes it seem she had to get the police.
>
>Now you know the whole sorted story.
>
>I don't care about taking daughter home instead of to the
>workplace, I will get to keep her extra time in that case. I
>do not want to the driving both ways.
>
>X does not work on Friday's so had been doing the drop off.
>If I starting doing pick up it would cut at least two hour off
>my time with daughter by the time I got to her, plus time
>getting back to house.
>
>1. How do I respond?

You respond to each allegation with your statement of the facts. If you have evidence to support your statements, such as a copy of the police blotter showing that they were called to the scene at your request, then you attach the evidence and reference it. If your court order does not required a particular pick up/drop off arrangment, then you state this as well.

I would advise you to act somewhat surprised at the other parent's seeming anger over what seem to be trivial details which could easily have been resolved via cooperation between parties, and you should emphasize your desire to do whatever the court finds to be in the child's best interests -- however, you "don't see how any of this rises to a matter about which the court should penalize you merely to satisfy the other parent."

If you are both surprised and interested in getting to the bottom of whatever problem exists, the court will likely look at the other parent as hostile and vindictive and that all works to your benefit.