Renee M. Pomerance

The appellant appealed a motion judge's decision refusing to order the respondent to pay a proportionate share of their daughter's tutoring expenses.

The Divisional Court found that the motion judge erred in law by failing to properly apply the definition of 'extraordinary expenses' under s. 7(1.1) of the Child Support Guidelines, specifically by not considering the appellant's income and ability to cover the expense.

The appeal was allowed and the matter remitted for a rehearing.