Section YAE.09.06 — Commencement Of New Child Support Cases

(a) An original action for child support shall be commenced through a Summons and Petition. The Plaintiff is responsible to ensure that proper service is made on the defendant and any co-defendants.

(b) The Summons and Petition shall contain the name of the plaintiff, the name of the defendant and any co-defendants.

(c) The Petition shall state the names and dates of birth of the children that are involved in the action and for whom child support is being sought.

(d) The Petition shall notice the parties that they have the right to obtain legal representation at their own expense and to file an Answer to the Complaint no later than ten (10) days from the date of service of the Complaint.

(e) A Summons and Petition shall, whenever possible, be served on a defendant by personal service or to any person of apparent normal understanding and fourteen (14) years of age or older, residing within the residence of the defendant or respondent

(f) Any person over the age of eighteen (18), not a party to the action, may make personal service. In the case of personal service, an affidavit of service shall be returned to the petitioner and filed in the docket with the Clerk of Court and shall constitute proof of personal service.

(g) When the Summons and Petition cannot by reasonable diligence be personally served on the defendant, service may be made by mail. In the case of service by mail, copy of the Summons and Petition shall be sent by registered or certified mail to the defendant's last known address.

(1) A return receipt for mail delivery signed by the defendant shall be returned to the petitioner and filed in the docket with the Clerk of Court.

(2) If the mail delivery is not returned as signed, but the regular mail was not returned as undeliverable, the plaintiff shall file an Affidavit of Mailing which shall be filed in the docket with the Clerk of Court and shall constitute proof of service by mail.

(h) In the event the Defendant cannot be served with the Summons and Petition either personally or by mail, service may be by publication. Service by publication shall mean publication of the Summons once in each of two consecutive weeks in a newspaper of general circulation whose readership is primarily located in the vicinity of the Defendant. The published Summons shall state the address at which the Petition can be obtained. Proof of publication of the Summons shall be returned to the Petitioner and filed in the docket by the Clerk of Court and shall constitute proof of service by publication.