Q: Forgot to include required documents in Request for Order service.
I had my son's mother served with a Request for Order to change our child support order via personal service, but I forgot to include a blank response and a blank income and expense declaration. I just realized today that these documents were missing. Our court date is two weeks away, and I haven't heard or received anything from her or her attorney. The response deadline is in the next couple of days. I haven't reached out to her attorney because he has threatened me on numerous occasions. She and I have no contact, and there has been a history of harassment from her side, along with other legal battles. What should I do in this situation?
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- California
- (916) 704-3009
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- Answered
A:
You'll need to address this procedural oversight quickly to ensure proper service and compliance with California court rules. The missing documents (blank response and income and expense declaration) are essential parts of the service package for child support modifications.
Given the sensitive situation with opposing counsel and the history of difficulties, your best course of action is to re-serve the complete package, including all required documents, as soon as possible. You should document this re-service carefully and bring proof to your court date. Consider filing a declaration explaining the initial incomplete service and your prompt correction of the oversight.
Before your court date, prepare a brief explanation for the judge about what happened and the steps you took to remedy the situation. While this might cause some delay in the proceedings, being upfront about the mistake and showing that you took immediate corrective action will demonstrate good faith to the court. If you're concerned about handling this situation, consider reaching out to the family law facilitator at your local courthouse - they can provide free guidance on procedural matters like this.
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