State v. Eli

¶1Filed 11/21/13 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 204

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¶11State of North Dakota, and

¶12Christina C. Lindquist-Cornog, Plaintiffs

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¶14State of North Dakota,                                                                                    Appellee

¶15

¶16v.

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¶18Scott G. Eli, Defendant and Appellant

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¶20

¶21

¶22No. 20130227

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¶26Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.

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¶28AFFIRMED.

¶29

¶30Per Curiam.

¶31

¶32Lisa M. Benson, 4950 13th Avenue South, Suite 22, Fargo, N.D. 58103, for appellee; submitted on brief.

¶33

¶34Scott Eli, self-represented, P.O. Box 1000, Sandstone, MN 55072, defendant and appellant; submitted on brief.

¶35State v. Eli

¶36No. 20130227

¶37

¶38Per Curiam.

¶39[¶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-

¶4004.1-07(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).  

¶41[¶2] Gerald W. VandeWalle, C.J.

¶42Dale V. Sandstrom

¶43Daniel J. Crothers

¶44Mary Muehlen Maring

¶45Carol Ronning Kapsner