Use this statement affidavit for alternate service for child support collection. The Statement is possibly the most important document that you will be providing to the court when requesting to serve alternately. The information that you include here (or don’t include here) will determine whether the person hearing your case will allow your request. It is important that you are very detailed.
Here are the steps:
- Download the Statement for Alternate Service
- Review the sample in our Sample Letters / Language/ Forms section
- Question #1 asks you to state when you saw the other parent last and under what circumstances. You will be brief and say something like:” I last saw him on my son’s birthday a few years ago, August 2, 2015 at the park. He told me that he was no longer going to come around or pay support.” Of course you will write whatever is true for your situation and circumstances.
- Question # 2 will ask what you have done to locate the deadbeat. You are given just a few lines on the page, so be sure to use an extra sheet of paper if you need one in order to list what you have done to find him. You will write your attempts in line form like this:
October 3, 2015 10:45 am I called Bob’s mother and told you that I need to reach him. I asked her if she could give me his new address or phone
number in order to reach him. She said no and asked me not to call her back.
October 6, 2015 3:00pm I called Bob’s sister, Peggy. I told her that I need to reach him. I asked if she could give me his new address or phone
number in order to reach him. She said that she didn’t have it.
October 6, 2015 3:15pm I called Bob’s brother, Sam. He hung up on me.
October 8, 2015 5:00pm I mailed a letter to Bob’s mother explaining that I need to reach him to talk about some parenting issues. I mailed the
letter both regular mail and certified return receipt.
- Question # 3 will ask you why your attempts to find the other parent failed. Again, there are very few lines, so use extra paper if you need to. You will answer like this:
I contacted Bob’s mother on several occasions, both by telephone and by mail. When I contacted her by phone she requested that I not call her
again and when I contacted her by mail, the letter was returned to me. I have attached a copy of my letter and the envelope that was returned.
I contacted all of Bob’s siblings and none of them would provide any contact information to me. They either said that they didn’t have it or that they
weren’t sure if they should give it to me or not. One of his brothers hung up on me when I asked.
I contacted Bob’s best friend and although he said that he was going to give the information to me, and that I should call him back for it. To date, he
has not provided it and I have called him 8 times on the following dates: (provide dates). I also sent him several text messages (include screen shots).
I have used the following websites to search for him but still have not found him yet: (provide the websites used)
- Question # 4 will ask you why you think that the deadbeat is avoiding service. Explain.
- Question # 5 is asking in what ways do you want to alternately serve him. Do you wish to email (if so provide the email address in the blank provided), mail a letter (if so provide the address in the blank provided), publish the summons and complaint on a township online newpaper webpage (if so provide the webpage information), publish in the newspaper in his last-known area (if so provide the name of the newspaper and the circulation). The circulation is the amount of editions that the newspaper publishes. This tells whether the newspaper that you have chosen is a general newspaper or a small free paper that he may never actually see. The point in the publication is for him to actually see it or be notified by it so that he can respond.
- Question # 6 addresses the “out of the box” and “new” methods of alternate service. Check off the methods that you would like to use and provide the page/profile names/handles, cell phone numbers, etc.
- Question # 7 asks why do you think that your summons and complaint would actually reach the person intended and why is it necessary. You would answer by explaining something such as: The person posts on his Facebook profile frequently. I have attached screenshots of the past month showing that he posts every times a week, so he would be sure to see my summons and complaint. Or, I have screenshots of him updating his Twitter feed daily. Or, I am not a “friend” on his Facebook profile and I don’t know anyone who is. The only method of contact that I have for him is his email which he does respond to when I email him, but that is the only way that I have been able to reach him for 2 years.
- See the sample statement in the Sample Letters/ Forms/ Language section of the Document Library for visual guidance
- Have statement notarized
- Make 2 copies of your statement
- Attach a copy of the affidavit to a copy of your motion and order. (see Document Library for the Motion and Order)
- Bring the motion, statement, order and summons of publication (see Document Library for Summons of Publication) to the County Clerk’s office and tell them that you have “a motion for service and are requesting that the judge sign the order.”
- *There will probably be a filing fee. In some areas they may call it an “indexing” fee. Find out in advance how much the fee is so that you will be prepared when you arrive. Also, each area is different and ask how that fee must be paid – cash, check, money order, etc.
- If you have proven your case, meaning that you have shown that you have made a good-faith effort to find the deadbeat, the person hearing your case should sign the order.
- If you have requested for and been given permission to file via the newspaper, call them and ask for their procedure and cost.
- *Follow their procedure and pay their cost.
- If using the newspaper, generally, you must publish the summons once a week for 3 weeks. Ask the clerk in that particular area to confirm their own policy and procedure.
- Generally, on the 21st day the service is considered to have been completed and the deadbeat has been legally served.
- The person being served has 30 days in order to respond to the summons.
- On the 30th day after the first publication has appeared, you can call the publisher of the newspaper to obtain the “affidavit of service,” or “proof of publication” which means that they have completed their part of the service and have published the summons in their newspaper as required.
- Once you have received this affidavit or proof, you can then proceed with your next step because the deadbeat has been properly served.
If you are concerned about whether you can afford the costs associated with an alternate service, including paying filing fees, consider filing for Indigent Status at the County Clerk’s office. Search our blog and article area for information to help you understand what that is and how to utilize it. The costs associated with publishing the summons in the newspaper can often be waived. Ask the clerk’s office about this as they generally are able to help. If the clerk’s office is unable to help with this, contact the Simone Spence Support Team: SimoneSpenceSupportTeam@dontgetmadgetpaid.com