questions & answers

Question: I am trying to file a modification for support. I have talked to numerous agencies regarding the fact that I have no information (salary and address) for the other party involved. DCSE told me to file it with my info and they would send the packet to the other party to be completed. A clerk of the court rep. said that I had to make some effort to serve the other party- or my modification would be thrown out. What is the actual answer to whether or not I can file with just my information, and the court will send off the packet or if I have to attempt to serve the other party?

Answer: The following information is provided for education purposes only and should not be construed as legal advice. In order to determine how the law applies to your specific situation, you may wish to consult an attorney directly. Generally speaking when a plaintiff files a lawsuit, it is the responsibility of the plaintiff to have the defendant served. According to the Arizona Rules of Family Law Procedure (Rule 40), service must be done by the sheriff, a registered process server, or by a representative of the plaintiff over 21 (it cannot be the plaintiff him or herself). After service the plaintiff will file an affidavit of service with the court. This is how the court obtains information about how to reach the defendant. The defendant must be served in order to show proof to the court that the defendant is aware of the suit against them and has notice and opportunity to be heard by the court. If a defendant cannot be found after diligent attempt to serve him or her, a plaintiff can petition the court to be allowed to serve the defendant by publication. Rule 41 of the Arizona Rules of Family Law Procedure contains the possible methods of service available within the state of Arizona.