x disappeared

[hearts41]

What is the name of your state (only U.S. law)? Florida

My x husband has disappeared, he left his last known "area" (he did not have a place of his own). I dont know when exactly he left but am sure he is gone. I have not spoke to him and my son has not spoke to him since Nov of 2009 but I am fairly sure he was still in Oklahoma as of March of this year. Anyhow, he stopped paying child support six weeks ago, he has an arrears build up of over 1200 dollars now and counting. I just filed a motion last week for Contempt/Enforcement. I sent the paperwork to Ohio to have him served in hopes that he is staying with a relative. He had mentioned at one time that he wanted to go there and work with his brother so I am hoping that is what he did. My x is Court ordered to keep a current address on file with the Courts and of course I am hoping to find him in Contempt for not paying child support. He was found in contempt 3 other times for failure to pay child support in a timely manner. He will quit his jobs and not have another job waiting for him.
I have an income deduction Order and up until 6 weeks ago they were pulling money out of his check, so he probably left around 6 - 8 weeks ago.
If I am able to obtain service on him I would imagine it will play out like the other 3 times, he will be able to purge the contempt. BUT, if I cannot find him and therefore cannot serve him do you know if I have any options at all?
I know there is something called constructive service but I dont know if the judge would even allow that in my case and even if they did what good it would do? Thanks.

 

[jumac]

if you had an order that the cs was taking out of a paycheck then he had to a had a job up till then. The more exp members can tell you more but i would be looking into ways to see if you can get his last employer to give you his address(though a court order or such, if its alowed). I mean to work anywheres you have to give them a address. Then serve him at his last know address.

 

[jimbean437]

FPLS Brochure - Federal Parent Locator Service

Federal Parent Locator Service borcure

 

[hearts41]

if you had an order that the cs was taking out of a paycheck then he had to a had a job up till then. The more exp members can tell you more but i would be looking into ways to see if you can get his last employer to give you his address(though a court order or such, if its alowed). I mean to work anywheres you have to give them a address. Then serve him at his last know address.

Yes, he was working up until the time he took off. I dont know exactly when he left. The last check posted the first week of April. It was only for $50.00, not the full Ordered amount it could have either come from the company or from something he sent in but I am betting it was a final check.

Even if I found out where he was staying, if he is no longer there I cannot have him personally served.

 

[nextwife]

Have you checked the Social Security Death Index, just in case he's in-communicato for a different reason?

 

[hearts41]

He's alive. This is his style, he has done this before. Once he did not contact us for 22 months, almost two years. My kids were much younger then. He has come in and out of their life ever since our divorce.

 

[Gracie3787]

Since he is court ordered to keep the court informed of current address you might be able to get this into court without the service.

Mail him a copy of the motion at each possible address, including the last address that the court has. Mail it all by return reciept mail.

Once you get the cards back showing either that it was delivered, or not, try getting a hearing date set on the motion. Basically, in FL a petition has to be properly served, but a motion can be served by mail at last know address. Of course, you'll need to include in the motion that he was ordered to keep court informed of address and has not done so.

 

[hearts41]

Thanks gracie for explaining this. I will check that out for sure.