Hardmanv.Hardman
After their divorce, William Hardman and Mary Ann Hardman disputed responsibility for their minor sons’ private-school tuition and whether Mother could move them to a public school in North Carolina. The decree gave the parents joint legal custody, made Mother the primary physical custodian, and gave Father final decision-making authority over education, but did not expressly allocate private-school expenses. Father paid tuition and sought reimbursement and a declaratory judgment; the trial court granted Mother summary judgment under res judicata and awarded her attorney fees. The Supreme Court held that res judicata did not bar Father’s declaratory action and read the decree to preserve his final authority over school choice. Because the child-support worksheet contained no deviation for extraordinary educational expenses, the ordinary rule applied: Mother, as custodial parent, was responsible for tuition while Father retained the school-choice authority. The Court reversed the fee award attributable to the declaratory-judgment claim because that claim was justified. It vacated the fee award tied to Father’s contempt claim about Mother’s threatened school change and remanded for the trial court to determine any fees attributable solely to that part of the claim; the trial court could also address Mother’s unresolved request for fees based on the parties’ financial circumstances. Justice Melton concurred, emphasizing that declaratory relief was the proper way to clarify the decree; Chief Justice Thompson did not participate.
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