The appellant father appealed a motion judge's order requiring him to pay table child support and a percentage of section 7 expenses for his adult child attending university.
The father argued that the child attending university constituted a material change in circumstances under their Amending Agreement, and alternatively claimed undue hardship.
The Divisional Court dismissed the appeal, finding no error in the motion judge's interpretation of the agreement or her conclusion that the father failed to prove undue hardship.
The court also declined to remit the matter for a full hearing, emphasizing the principle of proportionality in child support variations.
