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What is the proper way to be served a child support modification petition if it’s done by certified mail?

Q: I am out of the country on vacation until July 27th. My son’s father has known this for a long time, especially because it was a court-approved vacation AND I emailed him the exact dates over a month ago. Our hearing in Bronx Family Court is on August 2nd, but I won’t be back in NY until July 27th. My ex claims that I don’t have to actually receive the papers 8 days before the court date. He claims that as long as he mails it at least 8 days prior to the court date, that service is complete? Is this true? What is proper service by mail? Thanks!

A: David’s Answer: No, even on a modification petition (unless the Court approves otherwise), the Father would still need to serve you personally. Moreover, even if he sent the papers to your address, you wouldn’t have signed for them if you weren’t there anyway – thus he cannot prove “actual receipt.” Schedule a consult with a Bronx Child Support attorney for a full assessment.

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