K v. K

K v. K

Arrears that fell due more than 12 months before proceedings were remitted because the applicant failed to show good reason or special circumstances to depart from s.12; however, because the judgment debtor had persistently refused to pay and there were reasonable grounds to believe he would not make punctual payments, the court ordered under s.23(1) Crown Proceedings read with Pensions Ordinance s.12(1) and RHC O.77 r.16 that the Director of Accounting Services pay such portion of the debtor's government pension as was necessary to satisfy arrears since 1 January 2003 and to secure current maintenance.

Citation
K v. K
Parties
Petitioner (judgment Debtor): K; Respondent (judgment Creditor): K
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 February 2005
Case Number
HCMC2/2004
Procedural Posture
Matrimonial Causes (enforcement of Maintenance) / Judgment (reasons for Judgment Handed Down)
Outcome
Arrears of maintenance that fell due before 1 January 2004 remitted; order made for assignment of part of petitioner’s government pension to satisfy arrears since 1 January 2003 and to secure all current maintenance.
Legal Topics
Maintenance Arrears, Income Attachment, Pension Assignment/transfer, Discretion to Remit Arrears Under S.12, Attachment Under S.28
Source Language
EN
Family Law Matrimonial Law Pensions Law Civil Procedure Enforcement Maintenance Arrears Income Attachment Pension Assignment/transfer +2 more

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Parties

K

Petitioner (judgment Debtor)

K

Respondent (judgment Creditor)

Procedural Posture

Matrimonial Causes (enforcement of Maintenance) / Judgment (reasons for Judgment Handed Down)

Legal Issues

  1. 1 Whether arrears of maintenance older than 12 months may be enforced absent leave under s.12 of the Matrimonial Proceedings and Property Ordinance
  2. 2 Whether a government pension can be assigned or transferred to satisfy maintenance arrears and secure current maintenance despite general pension attachment exemptions
  3. 3 Whether special circumstances or good reason existed to allow enforcement of stale arrears in this case

Ratio Decidendi

Arrears that fell due more than 12 months before proceedings were remitted because the applicant failed to show good reason or special circumstances to depart from s.12; however, because the judgment debtor had persistently refused to pay and there were reasonable grounds to believe he would not make punctual payments, the court ordered under s.23(1) Crown Proceedings read with Pensions Ordinance s.12(1) and RHC O.77 r.16 that the Director of Accounting Services pay such portion of the debtor's government pension as was necessary to satisfy arrears since 1 January 2003 and to secure current maintenance.

Court Disposition

Arrears of maintenance that fell due before 1 January 2004 remitted; order made for assignment of part of petitioner’s government pension to satisfy arrears since 1 January 2003 and to secure all current maintenance.

Orders

  • Respondent's summons as amended was allowed in part.
  • All arrears of maintenance which fell due before 1 January 2004 are remitted.