Spouse Avoiding Service

[JLGumpert]

I am a pro-se litigant trying to serve my husband with the petition. The sherriff has made three attempts to serve and made contact with him via phone. They agreed to an appointment and my spouse didn't show up. It is believed, at this point, that he avoiding service. I intend to get the return of service noting his lack of cooperation for the judge. I cannot find information ANYWHERE on what my next step is OTHER than Constructive Service.

1) I would think that a refusal to accept service is different than "we can't find him".
2) What are my options for service moving forward? Does Florida offer Alternative Service? (i.e. USPS or FedEx)?
3) I have heard that process servers are less successful when it comes to executing service than the sheriff's office. Is this true?
4) If I am not able to execute personal service, will I lose the ability to collect child support?
5) If I cannot serve petition AND/OR if my husband doesn't respond to petition, is it still required for me to complete the Certificate of Manditory Disclosure and provide associated documentation/requests to the court?
6) If I am not able to serve my spouse, do I need to continue to forward him ALL documents associated with the case?
7) LAST QUESTION: If I need to make amendments to the initial paperwork, do I simply complete a new document and foward to the clerks office (cc to my spouse and a retain a copy) - do I need to file an ammendment or anything?

As a point of information, I have forwarded my spouse a copy of Financial Affadavit seperate from the petition - he recieved that (he verablly acknowledged receipt - e.g. "Did you get any paperwork from me?", "yes. Some financial affadavit?", "yes - I sent that seperately".)... so I know his address is either good or the address he provided has a friend who is giving him his mail.

Thank you for your help! I hope I was suscinct but clear.

J

[Attorney Howard Iken]

1) I would think that a refusal to accept service is different than "we can't find him".

Not really. But that may help you in your final hearing.

2) What are my options for service moving forward? Does Florida offer Alternative Service? (i.e. USPS or FedEx)?

No


3) I have heard that process servers are less successful when it comes to executing service than the sheriff's office. Is this true?

That is not my experience. A good private process server is always better.


4) If I am not able to execute personal service, will I lose the ability to collect child support?


Depends on the judge. But the technical answer is yes.

5) If I cannot serve petition AND/OR if my husband doesn't respond to petition, is it still required for me to complete the Certificate of Manditory Disclosure and provide associated documentation/requests to the court?


Probably not. But you may have to bring certain items of proof to your final hearing.


6) If I am not able to serve my spouse, do I need to continue to forward him ALL documents associated with the case?


No


7) LAST QUESTION: If I need to make amendments to the initial paperwork, do I simply complete a new document and foward to the clerks office (cc to my spouse and a retain a copy) - do I need to file an ammendment or anything?

It depends on what you want to amend. Some items may be amended at will.