Lavallie v. Lavallie, 2015 ND 69

In Sept. 2010, Chelsi Lavallie and the State sued Curtis Lavallie, asserting he is the biological father and seeking future child support and past-benefit recovery.
Curtis was incarcerated in a North Dakota prison at the time; paternity was not disputed at issue.
Conception and birth occurred on the Turtle Mountain Reservation; both parties are Turtle Mountain Band of Chippewa Indians members.
Chelsi testified they were married and later divorced in tribal court; she was awarded custody, and there was no tribal child-support order at issue.
A January 24, 2011 judgment found subject-matter and personal jurisdiction, held Curtis as the legal father, and ordered monthly child support with an amount based on imputed income plus a past-due-payable sum; Curtis did not appeal.
In May 2014, the district court reduced Curtis’s monthly support to $28 while incarcerated; Curtis moved to dismiss, arguing lack of jurisdiction; the district court denied the motion, finding concurrent state and tribal jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court had subject-matter jurisdiction	Lavallie contends tribal sovereignty bars state jurisdiction.	Lavallie argues reservation conduct requires tribal forum and no jurisdiction in state court.	District court had subject-matter jurisdiction.

Rolette County Social Services Bd. v. B.E., 2005 ND 101 (N.D. 2005) (concurrent jurisdiction for child support when paternity not at issue and non-resident parent)
Williams v. Lee, 358 U.S. 217 (U.S. 1959) (federal interest in Indian self-governance; sovereign immunity considerations)
McKenzie County Soc. Servs. Bd. v. V.G., 392 N.W.2d 399 (N.D. 1986) (tribal sovereignty considerations in actions on reservations)
McKenzie County Soc. Servs. Bd. v. C.G., 633 N.W.2d 157 (N.D. 2001) (limitations on paternity determinations affecting tribal governance)
In Interest of M.L.M., 529 N.W.2d 184 (N.D. 1995) (early framework on state-tribal child welfare jurisdiction)