Cain v. JacoxAnnotate this Case
The Kansas Department of Social and Rehabilitation Services (SRS) claimed that Father owed $173,654 in child support back payments and was granted an income withholding order in that amount. SRS sought to enforce the district court’s order by registering it in Texas, where Father was living. The Texas Attorney General subsequently filed a notice of registration of a foreign support order and sought its enforcement, requesting judgment in the amount of $133,110 - representing the principal child support as of April 1, 2011 - with no accrued interest. Father paid the judgment in its entirety. Back in Kansas, Mother sought an order determining the amount of interest owed on the arrearages as of October 14, 2011. The district court concluded that Mother’s claim for interest was barred by the res judicata effect of the Texas judgment. The Supreme Court reversed, holding (1) Mother and the Texas Attorney General were not the “same party” for res judicata purposes, and therefore, Mother’s claims were not barred by the doctrine of res judicata; and (2) Mother was entitled to appellate attorney fees and costs. Remanded to the district court for a calculation of the postjudgment interest owed on the child support arrearages.