Drew v. Drew

District of Columbia Court of Appeals

Drew v. Drew

185 A.2d 728, 1962 D.C. App. LEXIS 404

CourtDistrict of Columbia Court of Appeals

DecidedNovember 27, 1962

Docket3113

StatusPublished

Cited by6 cases

This text of 185 A.2d 728 (Drew v. Drew) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Drew v. Drew, 185 A.2d 728, 1962 D.C. App. LEXIS 404 (D.C. 1962).

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CAYTON, Acting Judge.

The mother brought this action for the support of a four-year-old child. Defendant having failed to answer the complaint, a default was entered against him and he was ordered to make weekly payments for the support of the child. He then filed a motion to vacate the judgment on the ground that the court had no jurisdiction over the matter.¹ The motion was denied and he appeals.

The defendant contends that the court lacked jurisdiction for the following reasons : the parties were never married; there is no finding that the child was born while the parties were married; the defendant has not acknowledged paternity under oath; no court has ever determined the defendant to be the father of the child; the child is at best the product of a “living together”; the child “was bom out of wedlock, and accordingly, no duty of support can be enforced or determined against the defendant. % * *»

[729]*729A few weeks ago we went into this general situation, and held that the Domestic Relations Branch had jurisdiction to compel a father to support an illegitimate child. Johnson v. Johnson, D.C.Mun.App., 183 A. 2d 916. That decision is dispositive of the jurisdictional question here presented.

The defendant was clearly in default and neither in the trial court nor here has he attempted to explain such default. We would have no basis for holding that he was entitled to have the judgment set aside.

Affirmed.

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CAYTON, Acting Judge.

The mother brought this action for the support of a four-year-old child. Defendant having failed to answer the complaint, a default was entered against him and he was ordered to make weekly payments for the support of the child. He then filed a motion to vacate the judgment on the ground that the court had no jurisdiction over the matter.¹ The motion was denied and he appeals.

The defendant contends that the court lacked jurisdiction for the following reasons : the parties were never married; there is no finding that the child was born while the parties were married; the defendant has not acknowledged paternity under oath; no court has ever determined the defendant to be the father of the child; the child is at best the product of a “living together”; the child “was bom out of wedlock, and accordingly, no duty of support can be enforced or determined against the defendant. % * *»

[729]*729A few weeks ago we went into this general situation, and held that the Domestic Relations Branch had jurisdiction to compel a father to support an illegitimate child. Johnson v. Johnson, D.C.Mun.App., 183 A. 2d 916. That decision is dispositive of the jurisdictional question here presented.

The defendant was clearly in default and neither in the trial court nor here has he attempted to explain such default. We would have no basis for holding that he was entitled to have the judgment set aside.

Affirmed.

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185 A.2d 728, 1962 D.C. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drew-v-drew-dc-1962.

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