Dulaney v. Dulaney

Dulaney v. Dulaney is an unpublished May 2011 decision from the South Carolina Court of Appeals.  The primary issue on appeal was whether the mother waived the requirement that father pay the minor child’s private school tuition.  The family court refused to hold father in contempt but required him to reimburse mother for two years of back tuition.  While the family court refused to make any credibility determination to resolve the factual dispute, despite father’s motion for reconsideration asking it to do so, the Court of Appeals affirmed the family court finding that “the court’s order implicitly reflects a determination Mother was credible on the issue of the parties’ agreement concerning the tuition.”  For further information see:  Beaten by implicit credibility determinations.