Leta V. Myers v. Robert A. Myers

Leta V. Myers (“Mother”) and Robert A. Myers (“Father”) were divorced in 1999. Approximately ten years later, Father filed a petition seeking to have his child support payment reduced after the oldest of the parties’ four children became emancipated. Mother responded to the petition. Mother also filed a counter-petition seeking a modification of the parenting plan as well as to have Father found in contempt of court for willfully violating numerous provisions of the final decree. When Father failed to respond timely to the counter-petition, Mother filed a motion for default judgment. The trial court granted the motion for default. Approximately three hours after the order granting the default judgment was entered, Father filed a response to the counter-petition. The trial court eventually found Father in contempt of court for numerous violations of the final decree. After Father’s motion to set aside the default judgment was denied, Father appealed challenging only the initial entry of the default judgment. We affirm.