(a) Matters other than those requesting only child support modifications. Except for motions filed requesting only a modification in child support pursuant to 19-A M.R.S. § 2009(6), Rule 55 shall govern practice regarding defaults and default judgments, except that no default or default judgment shall be entered by the clerk. No default judgment shall be entered in an action for divorce, child support, spousal support, counsel fees, division of marital or non-marital property, paternity, parentage or parental rights and responsibilities, or motions for post-judgment relief, without all parties being given notice and opportunity to appear and be heard before entry of judgment.
Rule 117.Default
Adopted July 1, 2016 · Last verified July 8, 2026
In one sentenceRule 117 applies Rule 55's default procedure to Family Division cases except that the clerk may never enter a default or default judgment and no default judgment on divorce, support, property, paternity, parental rights, or post-judgment relief may enter without notice and a chance to be heard, while a child-support-only modification motion may result in an order without a hearing if the responding party doesn't request one within 30 days.
Full Text of Rule 117
(b) Child support modification. When a party has filed a motion seeking only the modification of child support and has attached a proposed order, if the other party does not request a hearing within 30 days after service of the motion, the court may, without holding a hearing, enter an order granting the relief requested using the proposed order, so long as the resulting support obligation is equal to or greater than the obligation resulting from the application of 19-A M.R.S. § 2005.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note - July 2016
The first change made to Rule 117(a) and the addition of Rule 117(b) reflect the statutory provision for modifying child support orders without a hearing when no request for hearing has been made. The second change to Rule 117(a), which omits the final sentence, ends the practice of holding “hearings” without providing notice to a party.
Advisory Notes — June 2008
Rule 117 indicates that procedures regarding defaults and default judgments are generally governed by Rule 55. However, Family Division cases do not lend themselves to the clerk entered defaults or default judgments authorized by Rule 55(b)(1). For similar reasons, post-judgment motions under Rule 120 do not lend themselves to a waiver of objections as authorized by Rule 7(c)(3). The text of Rule 117 also reflects the spirit of Rule 80(f) that parties should have notice of final hearings and the pendency of final judgments in Family Division actions. Thus, the rule requires that no default judgment shall be entered in actions for divorce, child support, spousal support, paternity, parentage or parental rights and responsibilities without all parties being given notice and an opportunity to appear and be heard before entry of judgment. To avoid ambiguity that is often inherent in summons and notices regarding preliminary proceedings in divorce cases where parties who do not contest the ultimate result—the divorce—and thus do not respond indicating such a contest, the summons and notices must be changed to reflect all consequences of not participating in the proceedings.
The proposed rule does allow the court to waive notice to properly served parties who have not entered any appearance and not otherwise participated in the proceedings before the hearing and judgment. The summons must be redrafted to reflect all consequences of a failure to respond or enter an appearance.
Plain-English Summary
Rule 55 governs defaults and default judgments in Family Division cases, except for motions seeking only a child support modification under 19-A M.R.S. § 2009(6), and except that the clerk never enters a default or default judgment in these cases. No default judgment can enter in an action for divorce, child support, spousal support, counsel fees, division of marital or nonmarital property, paternity, parentage, or parental rights and responsibilities, or on a motion for post-judgment relief, unless every party has received notice and a chance to appear and be heard first.
When a party files a motion seeking only a child support modification and attaches a proposed order, the court may enter an order granting the requested relief using that proposed order, without a hearing, if the other party doesn't request one within 30 days after service, as long as the resulting support obligation is no lower than what 19-A M.R.S. § 2005 would produce.
Frequently Asked Questions
Can a clerk enter a default judgment in a Maine Family Division case?
No. Unlike ordinary civil practice under Rule 55, the clerk never enters a default or default judgment in a Family Division case.
What's required before a default judgment on child support or property division?
Notice to all parties and an opportunity to appear and be heard, before entry of judgment.
Can a child support modification be granted without a hearing?
Yes, if the responding party doesn't request a hearing within 30 days after service and the moving party attached a proposed order that produces a support obligation at least as high as 19-A M.R.S. § 2005 would require.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 117), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: default judgment family court Mainechild support modification no hearingdefault divorce case Maine