Q: I need help locating my Ex Husband for spousal support.
I filed for contempt of court on my ex for non payment of spousal support but it was dismissed do to the sheriff was unable to locate him to serve papers. He gave a false address to the courts so he cant be located. What can I do?
A: You can try a private process server (private servers may do a more through search). In the alternative you can seek notice via publication. The Colorado Judicial Branch webpage has forms and explanations about notice via publication. In the alternative you can also hire a lawyer.
A: Unfortunately, he will have to be personally served to be able to proceed with a contempt of court. If he has a job you may be able to pursue other legal avenues for collecting the spousal support. If you have an address for home or work you might file a new contempt motion and try a private process server. Unfortunately, process servers nor the sheriff are going to track him down. Additionally, if you have the funds, you might consider hiring a private investigator to track him down. Furthermore, there are many websites out there which might contain relevant information as to his whereabouts. You cannot serve him by "publication" when it comes to contempt of court. Finally, some county child support enforcement units will also deal with collection of spousal support. You should check with the county you reside in. If they will help you, they can have great reach in terms of tracking someone down through the Department of Labor, presuming he is in Colorado.
A:
Many private process servers do provide PI work or searches beyond a simple personal service to a listed address. You may pay extra, but many private servers do also find people.
Neither an employer or the CO. Dept of Labor will release personal information to another party without a court order or written authorization from the party. This means that you will need to drop the contempt claim (which will likely happen anyway since you cannot service your ex) in favor of either income assignment or garnishment. Generally speaking, notification by publication is a possibility for these types of prayers for relief. With either of these awards you or the Child Support Enforcement Office can attach to nearly everything your ex owns (w-2 income, tax refunds, bank accounts, real estate, titled property, etc.).
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