Practice Pointers - Default Judgments in Family Court

Practice Pointers - Default Judgments in Family Court
From Family Court Commissioner Susan Jensen

The following is a quick refresher and/or guide to getting a default judgment entered in Greene County Family Court:

1.     Default dissolutions may be submitted by affidavit only if there are no minor children and there is no marital property or debt to be allocated, UNLESS there is an attorney representing a party and a written agreement on custody, child support, and property/debt division.  (See Local Rule 68.6).  Default paternity judgments typically may not be submitted by affidavit because they require a written agreement concerning custody and support and at least one attorney be involved.  (See Local Rule 78.5).  Use the Affidavit forms on the Greene County Circuit Clerk website under Forms. 

2.     Default judgments may be heard during routines (Tuesday, Wednesday, Thursday at 8:30 a.m.).  Please keep your evidence to 5 minutes.  Default cases can be given special settings upon proper motion, but it is not necessary as they can typically be heard during routines.

3.     Notices are not necessary for the Court to take up a default case. 

4.     If you do file a Notice, it is preferable that you do not shorten the required 7 days.  Do not take it up on a day different from the date stated in your Notice.  If you need to reschedule and have already filed a Notice, re-notice it with at least 7 days new notice.  It is not fair to lead an opposing party (even if that party is in default) to believe you are taking it up on one day, and then do it on a different day without giving that party proper notice to be able to appear.  

5.     If you have made abuse or neglect allegations in your pleadings or during your client’s testimony, a Guardian ad Litem is required to be appointed, even if it is a default situation.

6.     An Entry of Appearance is not a responsive pleading that saves a person from being in default.

7.     A modification may not be taken up as a default judgment.  No answer is required with a modification.  Therefore, if thirty days have passed and you believe the opposing party will not take part, notice the case up for hearing during routines (see numbers 2 and 4 above) or request a trial setting by motion, noticed up at routines.