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Lavallie v. Lavallie

Supreme Court of North Dakota

March 24, 2015

Chelsi Lavallie, Plaintiff
v.
Curtis Lavallie, Defendant and Appellant and State of North Dakota, Statutory Real Party In Interest and Appellee

Appeal from the District Court of Rolette County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

Curtis Lavallie, self-represented, Bismarck, N.D., defendant and appellant; submitted on brief.

Ashley M. Samuelson, Special Assistant Attorney General, Devils Lake, N.D., for statutory real party in interest and appellee; submitted on brief.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner. Opinion of the Court by VandeWalle, Chief Justice.

OPINION

Page 165

VandeWalle, Chief Justice.

[¶1] Curtis Lavallie appealed from an order denying his motion to dismiss a proceeding involving his child support obligation. We conclude the district court had jurisdiction to determine his child support obligation, and we affirm.

I

[¶2] In September 2010, Chelsi Lavallie and the State of North Dakota as a statutory party in interest sued Curtis Lavallie for child support, alleging he was the natural father of a minor child born to Chelsi Lavallie in 2010, he was currently incarcerated in Bismarck, conception of the child occurred in North Dakota and the State obtained personal jurisdiction over him under N.D.C.C. § § 14-20-39 and 14-12.2-04, Chelsi Lavallie and the child lived in Rolette County, and Chelsi Lavallie assigned her right to the State to recover for benefits paid by the State for the child. The State sought to impose a future child support obligation on Curtis Lavallie and also to recover a judgment for support expended to Chelsi Lavallie on behalf of the child. The summons and complaint were personally served on Curtis Lavallie at the state penitentiary in Burleigh County. He requested a hearing, stating he " would like to dispute the claim" he was the child's father. A notice of hearing was served on Curtis Lavallie, which stated he could appear by telephone at a hearing in Rolette County scheduled for December 9, 2010, and provided him with instructions for appearing by telephone.

[¶3] At the hearing, a judicial referee stated the court recorder had called the prison and was informed Curtis Lavallie had not made arrangements to appear by telephone and " because of some problem down there, he is not able to be removed from the cell." Curtis Lavallie did not appear personally or by telephone at the hearing, but the referee acknowledged he had raised a paternity issue and initially heard evidence regarding paternity. Chelsi Lavallie testified about her marriage to Curtis Lavallie in 2008, the child's birth in 2010, their home on the Turtle Mountain Reservation, and Curtis Lavallie's current incarceration for robbery. In response to questions from the referee, Chelsi Lavallie stated she and Curtis Lavallie were both tribal members of Turtle Mountain, her home was on the reservation, conception occurred on the reservation, the child was born during the marriage, Curtis Lavallie was no longer claiming he was not the child's father, they were divorced in a tribal court order acknowledging him as the father of the child, and she was awarded full custody of the child in the tribal court divorce action.

[¶4] After the hearing, the referee entered a January 24, 2011 judgment stating the court had subject-matter jurisdiction over the action and personal jurisdiction over the parties, Curtis and Chelsi Lavallie were married and the child was conceived and born during their marriage, and Curtis Lavallie was the legal father of the child and has an obligation to provide financial support for the child. The judgment said Curtis Lavallie was incarcerated and underemployed and required him to pay $266 per month in child support based upon his imputed net monthly income of $1,069. The court also ordered a money judgment of $2,394 against Curtis Lavallie to reimburse the State for past support

Page 166

provided to Chelsi Lavallie for the child from April 2010 through December 2010. A notice of entry of judgment was served by mail on Curtis Lavallie on January 26, 2011, and he did not appeal from that judgment.

[¶5] In May 2014, on motion by the State, the district court reduced Curtis Lavallie's child support obligation to $28 per month during his incarceration. Curtis Lavallie then moved to " take [his] rights back as a sovereign individual" and to dismiss the " child support procurement" proceeding, asserting the state district court lacked personal and subject-matter jurisdiction. He claimed that although he was temporarily confined in the state penitentiary, he has always been an enrolled member of the Turtle Mountain Band of Chippewa Indians; that Chelsi Lavallie is an enrolled permanent resident of the Turtle Mountain Band of Chippewa Indians and resides on the reservation with the child; and that the child was conceived and born on the reservation. The State, as a statutory real party in interest, resisted Curtis Lavallie's motion to dismiss, asserting the state court had concurrent jurisdiction to adjudicate child support under Rolette Cnty. Soc. Serv. Bd. v. B.E.,2005 ND 101, 697 N.W.2d 333. The district court denied Curtis Lavallie's motion ...


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