Fox v. Ozkan (Kansas 2022)

No. 123,643 (Kan. Ct. App. 2022)
June 2022

The doctrine of acquiescence to a judgment applies when a parent complies with an income withholding order. A judgment for unreimbursed medical expenses was entered against the father. When the judgement was entered, an income withholding order was also put in place. After his motion for reconsideration was denied, he appealed. In the meantime, he satisfied the judgment. On appeal, the mother argued he had acquiesced to the judgment by paying it off. The court of appeals affirmed. The father, a pro se litigant, argued he had not voluntarily paid the judgment. He didn’t understand he could stop it. The court of appeals found no reason to treat him differently because he was pro se. He knew about the income withholding order and make no effort to have it stopped. The court distinguished payments made under a contempt order as being not voluntary.