Serving supplemental declaration and income and expenses documents

Question

My ex was told he would be sanctioned if he didn’t file court documents prior to court hearing. The only reason I found out that he did file paperwork with the court was because I logged in into court search records but otherwise I haven’t received anything through mail like he states he served me. Does he necessarily have to serve me? And does it have to have some kind of tracking number… could he get in trouble for saying he did serve and in reality he didn’t..

Tobie B. Waxman · Answer

Yes, he has to serve you with everything and anything he files with the court.  He also needs to provide (file) proof of that service.  If he's claiming to have served you (i.e. he filed a proof of service) at the time of the hearing you can tell the court that you did not receive what he claims to have served.  It's then up to the judge to decide whether you were in fact served (i.e. who to believe in a he-said-she-said situation)

Martha Bronson · Answer

When a party to the action serves another party the court is notified by the party filing a Proof of Service.   There are forms to use to fill out, sign under penalty of perjury and file with the Court.   If the party falsely declares having served you, it would be against the law.  If I were you, I would obtain a copy of the document filed that you did not receive and proceed accordingly.

James L. Arrasmith · Answer

In California, the law requires parties in a legal proceeding to serve documents on the other party in a manner that ensures they receive them. This is to maintain fairness in the legal process by ensuring that both parties are fully informed of the proceedings and have an opportunity to respond. For family law matters, this typically includes serving documents like supplemental declarations and financial disclosures. 
 
The method of service can vary, but it must comply with California's rules of court. This could include personal service, service by mail, or, under certain conditions, electronic service. While a tracking number is not always required, especially for standard mail service, the serving party must complete a proof of service form. This form is then filed with the court to verify that the documents were served according to the rules. 
 
If your ex claims to have served you but you have not received the documents, and there's no proof of service filed with the court, this could be a significant issue. If he falsely claims that he served the documents when he did not, he could face sanctions from the court for not complying with service requirements or for providing false information to the court. It’s important to bring this matter to the court's attention, especially if it affects your ability to respond to the filings. Consulting with an attorney can provide guidance on how to address this issue and ensure your rights are protected in the process.

Q: Serving supplemental declaration and income and expenses documents