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I am in the state of Maryland. I have filed a case for child…

Hi, I am in...

Hi, I am in the state of Maryland. I have filed a case for child support for my child’s father but they are unable to locate him at a viable address. I know where he works but they were unable to send him papers there due to it being an Embassy. What are my next steps if they are unable to locate him by an address?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in MD family court?

I have only applied for child support online, afterwards they sent a notice for the first initial meeting, which he did not show up for, possible due to a non viable address. That is it so far. He is still in “locate”.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No, I have not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing else. That is all my information.

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Answered in 2 minutes by:
3/23/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,569
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this.

If a person cannot be served, the petitioning party can file a motion with the court requesting service by publication (newspaper).
This then allows the court to exercise jurisdiction so that if the person does not appear they can enter a default judgment which allows the party to then proceed with collections (ie wage garnishment, etc)

please see:

https://www.peoples-law.org/frequently-asked-questions-about-service-process-maryland

sample form:

https://mdcourts.gov/sites/default/files/import/family/forms/dr70.pdf

I certainly hope this helps.
Further questions please post here or otherwise kindly rate 5 stars if you feel I have earned it. Thank you.

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Customer reply replied 28 days ago
Hi,Is it possible to hire someone to serve him papers?

Yes a process server can be used for that purpose. We can't give specific referrals but you can google search for the city and you should be able to find a list of several possibilities.

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Customer reply replied 28 days ago
How long is the process for filling a motion through the courts for publication?

That depends on the particular court's calendar; but usually between 2-5 weeks.

The court can order child support retroactive to the date the original order was filed and published, and possibly even to the date it was filed if the court determines the petitioner exercised due diligence in attempting to serve the other parent.

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Customer reply replied 28 days ago
I see. Can the motion for publication paperwork be found in the second link you provided? Also, which court would I take this too? Maryland county court? Or Maryland state court?

Yes, that is correct;

the court that has jurisdiction over the child support issue would be the court that would issue the order so that is where the request would be filed.

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Customer reply replied 28 days ago
Also, where can I find the request to get a copy of the papers to serve him through a third party?
Customer reply replied 28 days ago
my child's father works in Washington D.C, how does this affect the case? And what if I find his address of residency and it is in Virginia or DC?
The party can be served wherever they reside. The uniform interstate family support act allows for the enforcement of sister state orders otherwise parents could avoid liability by crossing state lines
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There is no need to get a request for a third party to serve. Process servers are typically used. The link above explains the process
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Customer reply replied 28 days ago
Alright thank you. The problem is, I do not know where he lives and the only address I have is his work address, which is an Embassy address. The child support office sent a letter to this address but they said it was un-mailable due to it being an embassy.What do you suggest I do? I can cannot move forward with the pathways expressed above if I do not have an address.
With no address, my only option is to request publication.Thanks
sometimes one will hire a private investigator to attempt to locate an address. Otherwise the only feasible route is by public and that is appropriate when a person cannot be located because it serves as notice by virtue of the public notice in the paper which allows the court to proceed
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Then once there is a court order there are many ways to collect-even interception of tax refunds for example.
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Customer reply replied 28 days ago
Alright. This helps very much. I have decided to proceed with a private investigator first, and then if there is a road block, then I will proceed by public (newspaper).Thank you very very much for your help.
You are most welcome. Sorry you are having to deal with this to get the support your family deserves.
Take care.
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Customer reply replied 28 days ago
Thank you
You are welcome.
LegalGems
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Satisfied Customers: 12,569
Experience: Experienced Family Law Attorney
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