Petition For Support Instructions (Page 3 of 4) in pdf

Personal Service By Certified Mail. This type of service is arranged through the Circuit

Clerk’s Office. The Circuit Clerk’s Office mails the petition and financial statement to the

Respondent by certified mail, restricted delivery, return receipt requested. You pay the fee of

$20.00 and provide the mailing address of the Respondent. If the mailing is accepted, the

Clerk’s Office will receive the return receipt postcard with the signature of the person who

accepted the mailing. If a person other than the Respondent accepts the mailing and signs the

receipt, you don’t have good service, and your case will not go forward. The Respondent has 20

days from the date the divorce papers were delivered to serve you with an Answer.

While you’re at the Circuit Clerk’s Office, you may want to arrange for witness

subpoenas if you think you will need to require a witnesses to come to the hearing on your

Petition. The following paragraph explains how to do this. After you’re finished in the Circuit

Clerk’s Office, the next thing you need to do is prepare for your hearing. How to do this is

explained in Step 3.

WITNESS SUBPOENAS

If you know you will need a witness to testify at a hearing, and you’re not certain the

witness will voluntarily show up, you will need to subpoena that witness. Witness subpoenas are

handled through the Circuit Clerk’s Office. To obtain a witness subpoena, you need to provide

the Deputy Circuit Clerk with the name and address of the witness, and pay a Clerk’s fee of 50¢

per subpoena, and a service fee of $25 per subpoena, unless your fees have been waived. If you

do not request witness subpoenas at the time you file your Petition, you should make certain you

do so at least 10 days before the hearing. If you cannot afford to pay the subpoena fees, read the

next paragraph.

WHAT TO DO IF YOU CANNOT AFFORD TO PAY FEES.

If you cannot afford to pay fees, you should ask a Deputy Circuit Clerk for an affidavit to

waive fees and costs. You can fill out the affidavit in the clerk’s office. The affidavit requires

you to list some basic information about your financial situation. A Deputy Clerk can review

your completed affidavit while you wait, and tell you if you meet the legal requirements to have

your fees and costs waived. If you don’t meet these requirements, you must pay fees and costs,

but you can ask the Court to review your affidavit later. The Court will review your request for

waiver of fees at a later hearing and will determine your eligibility even if the clerk has approved

your waiver. Criminal charges can be filed against you if you provide false information on this

affidavit.

STEP 3.

PREPARING FOR THE HEARING.

After the opposing party has been served with your Petition, you will receive an Order

from the Family Court. This Order will state the place, date, and time of your hearing. Make

sure you allow plenty of time to prepare for the hearing. These are some of the things you will

need to do to prepare.

Make sure you have requested all necessary witness subpoenas. You need to request

these subpoenas at least 10 days before the hearing. Return to Step 3 for information on witness

subpoenas.

Make sure you have filed the Financial Statement Form with all the supporting

documentation and the Proposed Parenting Plan Form (the Parenting Plan Packet is available at

the Circuit Clerk’s Office.

SCA-FC-260 Rev. 12/2007(F)

Page 3 of 4

Instructions for Petition for Support & Allocation of Custodial Responsibility

Petition For Support Instructions Page 3

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