In re the marriage of Ubedei

POHNPEI SUPREME COURT REPORTS

VOL. 1

[1 P. S. Ct. R 151]

IN RE THE MARRIAGE OF ANDREA K. UBEDEI,

Petitioner

and

NORIWO UBEDEI,

Respondent

Pohnpei Civil Action No. 11-85

Trial Division of the Pohnpei Supreme Court March 7, 1985

Action for the dissolution of marriage brought under 39 TTC Section 201. The respondent failed to respond and the petitioner filed a motion for default judgment. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, held that Rule 50 of the Pohnpei Rules of Civil Procedure empowered the Court to enter a default judgment against a. party "who fails to plead or otherwise defend" a cause of action brought against him.

Judgments - Default Judgments - Courts - Powers

The Courts are authorized to enter a default judgment against a party " who fails to plead or otherwise defend" a cause of action brought against him.(PNI Rules of Civil Procedure, Rule 50.)

[1 P. S. Ct. R 152]

Counsel for Petitioner: Micronesian Legal Services Corporation

EDWEL H. SANTOS, Chief Justice

This is an action for the dissolution of marriage between petitioner and respondent brought under the authority of 39 TTC, S. 201. The petition was filed with this Court on January 30, 1985 and a summons and petition was served upon respondent through the FSM Postal Services as certified by attorney for petitioner on January 30, 1985. A return receipt for said petition and summons shows that it was received by respondent on February 4,1985. No response was filed by respondent and petitioner, through her counsel, filed a motion for a default judgment on March 4, 1985.

Rule 50 of the Rules of Civil Procedure authorizes the Court to enter a default judgment against a party "who fails to plead or otherwise defend" a cause of action brought against him. For the reasons and authority given here, I believe the petitioner's motion for a default judgment should be granted.

Accordingly, there being good cause shown, It is Ordered, Adjudged, and Decreed as follows:

1. Petitioner's motion for a default judgment is granted.

[1 P. S. Ct. R 153]

2. Petitioner is awarded a decree of dissolution of marriage from respondent. This decree becomes absolute thirty (30) days after the entry of judgment if no appeal is taken. Petitioner shall then be authorized to use her maiden name, including her family name.

3. Petitioner shall have custody of the children of the marriage namely Emily Ubedei, Noreen Ubedei, and Matthew Sabo Ubedei.

4. Respondent shall have reasonable rights of visitation with regard to the above children.

5. Respondent shall pay child support in the amount of three hundred ($300.00) dollars per month to petitioner.

6. If a support payment is more than 15 days past due in an amount equal to or greater than the support payable for one month, the obligee of the support payments may seek a mandatory wage assignment without prior notice to the obligor.

7. Respondent may not claim the children as dependents for tax purposes.

8. Each party shall bear his own costs.


	POHNPEI SUPREME COURT REPORTS VOL. 1 [1 P. S. Ct. R 151] IN RE THE MARRIAGE OF ANDREA K. UBEDEI, Petitioner and NORIWO UBEDEI, Respondent Pohnpei Civil Action No. 11-85 Trial Division of the Pohnpei Supreme Court March 7, 1985 Action for the dissolution of marriage brought under 39 TTC Section 201. The respondent failed to respond and the petitioner filed a motion for default judgment. The Trial Division of the Pohnpei Supreme Court, EDWEL H. SANTOS, Chief Justice, held that Rule 50 of the Pohnpei Rules of Civil Procedure empowered the Court to enter a default judgment against a. party "who fails to plead or otherwise defend" a cause of action brought against him. Judgments - Default Judgments - Courts - Powers The Courts are authorized to enter a default judgment against a party " who fails to plead or otherwise defend" a cause of action brought against him.(PNI Rules of Civil Procedure, Rule 50.) [1 P. S. Ct. R 152] Counsel for Petitioner: Micronesian Legal Services Corporation EDWEL H. SANTOS, Chief Justice This is an action for the dissolution of marriage between petitioner and respondent brought under the authority of 39 TTC, S. 201. The petition was filed with this Court on January 30, 1985 and a summons and petition was served upon respondent through the FSM Postal Services as certified by attorney for petitioner on January 30, 1985. A return receipt for said petition and summons shows that it was received by respondent on February 4,1985. No response was filed by respondent and petitioner, through her counsel, filed a motion for a default judgment on March 4, 1985. Rule 50 of the Rules of Civil Procedure authorizes the Court to enter a default judgment against a party "who fails to plead or otherwise defend" a cause of action brought against him. For the reasons and authority given here, I believe the petitioner's motion for a default judgment should be granted. Accordingly, there being good cause shown, It is Ordered, Adjudged, and Decreed as follows: 1. Petitioner's motion for a default judgment is granted. [1 P. S. Ct. R 153] 2. Petitioner is awarded a decree of dissolution of marriage from respondent. This decree becomes absolute thirty (30) days after the entry of judgment if no appeal is taken. Petitioner shall then be authorized to use her maiden name, including her family name. 3. Petitioner shall have custody of the children of the marriage namely Emily Ubedei, Noreen Ubedei, and Matthew Sabo Ubedei. 4. Respondent shall have reasonable rights of visitation with regard to the above children. 5. Respondent shall pay child support in the amount of three hundred ($300.00) dollars per month to petitioner. 6. If a support payment is more than 15 days past due in an amount equal to or greater than the support payable for one month, the obligee of the support payments may seek a mandatory wage assignment without prior notice to the obligor. 7. Respondent may not claim the children as dependents for tax purposes. 8. Each party shall bear his own costs.