In the Matter of the Parentage of N.P. (Kansas 2022)
A parent must move to set aside an order due to inadvertence or excusable neglect must do so within a year. At issue in this case is a child support order entered on September 24, 2018. On February 5, 2020, the father moved to set aside the order claiming mistake or inadvertence. The district court denied the motion. First, a claim of mistake or inadvertence had to be made with one year. The filing was outside this timeframe. Then, the district court found no mistake. The order was based on the parties’ agreement. The father appealed, and the appellate court affirmed. On appeal, the father argued clerical oversight or omission to get around the one-year limitation. The appellate court held the father to the language of his motion, which claimed a mistake. His motion was subject to the one-year time limitation and was barred. The father also argued the trial court erred in not setting aside arrears and failed to consider other evidence about his income when calculating support. The appellate court affirmed on all grounds.