2 total
Motion for leave to appeal dismissed with costs fixed at $5,000.
The moving party brought a motion for leave to appeal an order dated April 13, 2021.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties fixed at $5,000.
Child support recalculated under adjustment clause; tutoring expenses shared but camps denied without consent.
The responding parent sought a retroactive variation of a child support order that had been based on earlier income figures and provided for annual financial disclosure and recalculation of support.
The court held that the order’s adjustment clause should be enforced and recalculated the set‑off child support amounts based on updated income figures, including imputing income to the other parent based on concession.
Allegations that the payor’s retirement or the other parent’s business expenses justified further imputation were rejected for lack of evidence.
The court also addressed claims for extraordinary expenses, finding tutoring expenses reasonable and payable but denying reimbursement for camp expenses because prior consent required by the order had not been obtained.
