Judge grants default divorce to Bethany Dempsey, adopts parenting plan and orders $288 weekly child support

A judge in the Circuit Court’s family docket granted Bethany Dempsey an absolute divorce from James Dempsey after Dempsey failed to respond to a motion, adopted the petitioner’s proposed parenting plan and ordered child support of $288 per week.

The ruling came during a default hearing in case 2024 CV 140. Judge David D. Wolfe said the court would proceed on a default basis after the respondent did not file a response or appear as required. “Since there was no answer called and the default judgment is granted, she is awarded an absolute divorce,” the judge said.

Under the court’s ruling, the parenting plan submitted by Bethany Dempsey will be adopted and attached to the final decree when it is submitted for signature. The plan provides that the child will be with the respondent every other week for parenting time while primary custodial care remains with the petitioner. The judge recorded child support at $288 per week, calculated using the respondent’s minimum-wage assumption because the respondent’s income could not be verified at the hearing.

Witnesses who testified in support of the petition included Hannah (last name not specified) and Frances Fanning, who identified herself as the child’s grandmother; both testified that the petitioner’s statements were true. The petitioner said the parties have one child, Braylon, and that they do not own real estate together.

The court said the division of property will be as proposed in the parties’ filings, and suggested the petitioner attach the parenting plan to the final decree when submitting it for the judge’s signature. No additional evidentiary rulings or hearings were scheduled in the transcripted portion of the docket.

The petitioner and witnesses were placed under oath for testimony during the hearing.