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Service of a Supoena

Started by FrustratedWife, Feb 11, 2004, 04:13:41 PM

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FrustratedWife

My XH is to appear in court on the 18th of this month. He is required to appear to answer why he should not be in contempt for failure to pay over 60K in child support and other debts. He failed to appear in January and the subpoena was ordered.

My attorney is trying to have the sherriff serve the subpoena on him. (I am in IL, XH is in MS)

When the sherriff went to the home of his in-laws, where XH has been living, they told the sherrif that XH had moved to Louisiana. They would not give an address, nor has XH notifed me of a move. They tried serving it at his job (a different county than where he lives) and they said he did not work there. (which we are sure is a lie)

Can the subpoena be served to his last known address (the in-law's home)? Should I hire a private company to wait and see if they can "catch" him at home?

joni


you're going to need to prove that he lives there and works there.  best bet is to get a PI who would be able to testify that they saw him around and document or videotape it.

the PI can also run a credit report to find out where the activity has been, maybe shows a current address if he is indeed in LA.

in your last child support/custody court order, did you have anything about being able to access his tax return with the IRS?  if you did, you can also order a copy of the tax return and that would show his last address and employer for 2002.