JPH v. PK

JPH v. PK

Court found husband suffers serious medical conditions and loss of employment (a material change) but also has received substantial funds and willfully expended a large portion on music production and has refused payments. Balancing these factors, the court refused a full discharge of maintenance and undertakings: maintenance/undertakings in favour of son A are discharged from 19 February 2016; no variation/discharge for daughter M; wife's periodical payment reduced by 50% from CAD5000 to CAD2500 commencing 1 July 2018 to allow transitional adjustment. Costs awarded to wife to follow the event with certificate for counsel, taxed if not agreed.

Citation
JPH v. PK
Parties
Petitioner (husband): JPH; Respondent (wife): Respondent
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
8 June 2017
Case Number
FCMC13429/2012
Procedural Posture
Matrimonial Variation of Maintenance / Judgment (variation Application)
Outcome
Application partly granted in part and refused in part
Legal Topics
Variation of Consent Order, Periodical Payments, Undertakings for Tuition, Change of Circumstances, Costs
Source Language
EN
Family Law Matrimonial Proceedings Maintenance/ancillary Relief Variation of Consent Order Periodical Payments Undertakings for Tuition Change of Circumstances Costs

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Parties

JPH

Petitioner (husband)

Respondent

Respondent (wife)

Procedural Posture

Matrimonial Variation of Maintenance / Judgment (variation Application)

Legal Issues

  1. 1 Husband's medical condition and capacity to work
  2. 2 Husband's spending on music CD production and depletion of assets
  3. 3 Husband's current financial resources and past receipts

Ratio Decidendi

Court found husband suffers serious medical conditions and loss of employment (a material change) but also has received substantial funds and willfully expended a large portion on music production and has refused payments. Balancing these factors, the court refused a full discharge of maintenance and undertakings: maintenance/undertakings in favour of son A are discharged from 19 February 2016; no variation/discharge for daughter M; wife's periodical payment reduced by 50% from CAD5000 to CAD2500 commencing 1 July 2018 to allow transitional adjustment. Costs awarded to wife to follow the event with certificate for counsel, taxed if not agreed.

Court Disposition

Application partly granted in part and refused in part

Orders

  • All maintenance and undertakings in favour of son A discharged/released from 19 February 2016.
  • Application for discharge or release of maintenance or undertakings concerning daughter M refused.