Hardman v. Hardman
295 Ga. 732
| Ga. | 2014Background
- William Hardman (Father) and Mary Ann Hardman (Mother) divorced in 2013; settlement agreement (incorporated into the decree) gives joint legal custody, Mother primary physical custody, and Father final decision-making authority on education and health issues.
- Agreement set a $7,000 monthly alimony payment (and a contingent $2,000 child-support obligation if alimony terminated while children were minors); the agreement and attached child-support worksheet are silent about who must pay private school tuition.
- Two minor twin boys had attended Rabun Gap-Nacoochee (private) for years; Mother threatened to move them to public school in North Carolina unless Father paid tuition.
- Father prepaid tuition and sued for declaratory judgment (to enjoin Mother from changing schools and to require her to pay tuition), reimbursement, contempt, and attorney fees. Mother moved for summary judgment and fees.
- Trial court granted Mother summary judgment (res judicata) and awarded $5,500 in attorney fees to Mother under OCGA § 9-15-14. Father appealed; Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument (Hardman) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Application of res judicata to Father’s declaratory action | Res judicata should not bar a post‑divorce declaratory action to clarify rights under the decree | The settlement/decree is silent about tuition so Father should have raised it in the divorce and is barred from relitigation | Trial court erred: res judicata is applied less strictly in divorce cases; Father’s claims were properly adjudicable post‑decree |
| Authority to choose children’s school | Father: decree gives him final, binding authority over school choice; declaratory relief appropriate to stop Mother’s threatened move | Mother: disagreement about school choice and tuition means issue was resolved (or should have been) in divorce | Father entitled to declaratory judgment that he may decide school and Mother cannot unilaterally transfer the children |
| Who must pay private school tuition (contract interpretation + statutory child support scheme) | Father: because decree gives him school‑choice authority and child‑support worksheet had no deviation for extraordinary educational expenses, custodial parent (Mother) remains responsible; Mother must pay tuition unless worksheet deviates | Mother: silence in agreement means Father must pay tuition or issue was not addressed and cannot be imposed now | Court held that under Georgia law and the guidelines the presumptive responsibility for child‑rearing expenses (including private school absent a Schedule E deviation) rests with custodial parent; Mother must pay tuition unless order/worksheet specifically deviated or support modified |
| Attorney fees under OCGA § 9‑15‑14 (frivolous claims) | Father: his declaratory/contempt claims had substantial justification | Mother: Father’s claims lacked substantial justification and warranted fees | Fees reversed as to declaratory judgment (not frivolous). Fees as to contempt limited/vacated: anticipatory contempt (threat to change schools) lacks support; trial court must reallocate or re‑determine fees limited to the threatened‑change portion; contempt for actual tuition refusal may not have been frivolous |
Key Cases Cited
- Lay Brothers, Inc. v. Tahamtan, 236 Ga. App. 435 (1999) (res judicata barred later claim about lease terms previously litigated)
- Brookins v. Brookins, 257 Ga. 205 (1987) (res judicata applied less strictly in divorce/alimony cases; binding only as to matters actually decided or necessarily implied)
- Dial v. Adkins, 265 Ga. App. 650 (2004) (reiterating relaxed res judicata application in family law matters)
- Weaver v. Jones, 260 Ga. 493 (1990) (declaratory judgment appropriate to determine rights under divorce decree)
- Georgia Dept. of Human Resources v. Sweat, 276 Ga. 627 (2003) (custodial parent generally bears day‑to‑day child expenses; guidelines ensure support parity)
- McKie v. McKie, 213 Ga. 582 (1957) (applicable laws at contract formation are part of the contract and inform interpretation)
- White v. Howard, 295 Ga. 210 (2014) (standards for awarding fees under OCGA § 9‑15‑14)
- Farris v. Farris, 285 Ga. 331 (2009) (family law fee award precedent under § 9‑15‑14)
- Swanson v. Swanson, 276 Ga. 566 (2003) (parents may not validly waive child support to augment alimony)