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Service of Process Issues

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When CSSD is enforcing a support case, it must be served with all moving papers in the case. If CSSD is served with moving papers or other pleadings relating solely to a support issue, not less then 30 days prior to the hearing, CSSD must mail them to the non-moving arty in the action within 5 days of receipt. There is a rebuttable presumption that service on CSSD in this manner constitutes valid service on the non-moving party. Family Code §17404(e)(3).

Family Code §17406(f)(1)(B) requires CSSD to serve on a parent all pleadings relating to paternity or support that have been served on CSSD by the moving party. However, this section does not create a rebuttable presumption of valid service.

Family Code §17406 provides that CSSD does not have an attorney-client relationship with either parent in a case. Therefore, serving documents related to discovery on CSSD does not constitute service on the non-moving party. Family Code §17404(e)(4) also provides that CSSD shall not be required to serve or receive service of papers, pleadings or documents or participate in or attend any hearings or proceedings relating solely to issues of custody or visitation.