How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2484
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
Type Your Family Law Question Here...
S. Kincaid is online now
A new question is answered every 9 seconds

Family lawyer

Customer Question

Submitted: 11 months ago.
Category: Family Law
Expert:  S. Kincaid replied 11 months ago.

Good afternoon. How can I help you?

Customer: replied 11 months ago.
Hello. My ex girlfriend filed for a modification of the current child support order that we have. The sheriff served the paperwork to my 14 year old step son who forgot to tell me about it and had misplaced it. We found it about a week and a half ago. I've heard that I can file a motion to quash for service since the paperwork wasn't given directly to me - or to someone age 18+. Is that accurate? If so, can you please give me a template or wording that I need to file it? Tomorrow is the 30th day and I want to take the motion to the courthouse. Also, do I still have to file a separate answer to her motion if I'm trying to force her to have me served correctly?
Expert:  S. Kincaid replied 11 months ago.

Unfortunately, there is no template for a Motion to Quash. It's very rarely done, as most people who know about a motion choose to proceed rather than quashing service. In your situation, it is more common to ask for a continuance based on faulty service to give you more time to respond. However, doing a Motion to Quash service is proper in this situation. Here is a link that shows you how to create your own motion. Do you have any other questions?

Related Family Law Questions