In the Interest of P.D.D., A Child- After a husband and wife divorced, the wife learned she was pregnant. A paternity decree was set and the husband was ordered to pay child support, keep up insurance, and pay a portion of uninsured medical expenses for the child. Later the husband filed a contempt action against the wife for his possessory rights to the child. The husband was given make-up visitation and the wife was ordered to pay fees. The husband then filed a motion to modify custody which the wife counteracted with a request to increase child support. After this the wife then later filed for a motion to enforce the prior order regarding delivery of personal property items that belonged to the child.
The case was tried and the conclusion was that the wife was barred by res judicata from enforcings the uninsured medical expenses due to failure to address the subject in the previous proceeding and her settlement of the claims. The wife appealed on the basis that her ex-husband did not properly plead the affirmative defenses and they were not tried by consent. The Court of Appeals reversed and remanded the decision stating the settlement was not res judicata and the issues were not tried by consent.