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State v. Eli

Supreme Court of North Dakota

November 21, 2013

State of North Dakota, and Christina C. Lindquist-Cornog, Plaintiffs State of North Dakota, Appellee
v.
Scott G. Eli, Defendant and Appellant

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.

Lisa M. Benson, Fargo, N.D., for appellee; submitted on brief.

Scott Eli, self-represented, Sandstone, MN, defendant and appellant; submitted on brief.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Mary Muehlen Maring, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] Scott Eli, an inmate at a federal correctional facility in Minnesota, directly appealed from a default judgment imputing a minimum wage to him and ordering him to pay $238 per month in child support to Christina Lindquist-Cornog for their minor child. Eli argues that the default judgment resulted from his failure to file a response or to request a hearing and should be vacated based on mistake, inadvertence, excusable neglect, and his self-represented status; he also argues that his child support obligation should be waived and all accumulated child support arrearages should be absolved because he is an unemployed federal prisoner who does not make a minimum wage. We conclude there are no irregularities on the face of the default judgment, and we affirm under N.D.R.App.P. 35.1(a)(7). See Burgard v. Burgard, 2013 ND 27, ¶ ¶ 11, 17, 827 N.W.2d 1 (holding review of direct appeal from default judgment limited to irregularities on face of judgment); N.D. Admin. Code § 75-02-04.1-07(8) (authorizing imputation of income for incarcerated obligor). See also A.M.S. ex rel. Farthing v. Stoppelworth, 2005 ND 64, ¶ ¶ 1, 7, 694 N.W.2d 8 (imputing minimum wage as basis for child support calculation for unemployed incarcerated obligor).

[¶2] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Mary Muehlen Maring, Carol Ronning Kapsner


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