周 對 梁

周 對 梁

The court found the male failed to establish a substantial and unforeseen change warranting variation of the consent order for child maintenance; his asserted reasons (gambling losses, high‑interest loans and repayments to relatives) were either self‑inflicted, not credible or indicative of concealed assets....

Source-derived case information.

Citation
[2018] HKFC 47
Parties
First Applicant: 周; Second Applicant: 梁
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
6 April 2018
Case Number
FCJA2082/2010
Procedural Posture
Divorce (maintenance Variation) / Variation Hearing and Judgment
Outcome
Application partly granted: request to reduce child maintenance dismissed; spousal maintenance reduced to a nominal sum of HK$1 per year.
Legal Topics
Variation of Consent Order, Spousal Maintenance, Child Maintenance, Asset Disclosure, Dissipation of Assets (gambling)
Source Language
ch
Family Law Matrimonial Law Child Maintenance Variation of Consent Order Spousal Maintenance Asset Disclosure Dissipation of Assets (gambling)

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Parties

周

First Applicant

梁

Second Applicant

Procedural Posture

Divorce (maintenance Variation) / Variation Hearing and Judgment

Legal Issues

  1. 1 Whether the court should vary a consent periodic payment order under s.11 Cap.192
  2. 2 Whether the applicant proved a substantial and unforeseen change of circumstances since the consent order
  3. 3 Whether the respondent concealed or dissipated assets (retirement lump sum and investments)

Ratio Decidendi

The court found the male failed to establish a substantial and unforeseen change warranting variation of the consent order for child maintenance; his asserted reasons (gambling losses, high‑interest loans and repayments to relatives) were either self‑inflicted, not credible or indicative of concealed assets. Accordingly the application to reduce the younger child's maintenance was dismissed and the request to reduce the wife's maintenance was allowed only by reducing it to a nominal annual sum (HK$1), on the basis that the wife was self‑sufficient and the male's claimed inability was not established.

Court Disposition

Application partly granted: request to reduce child maintenance dismissed; spousal maintenance reduced to a nominal sum of HK$1 per year.

Orders

  • Application to reduce and vary the monthly maintenance for the younger daughter dismissed (original consent order as to child maintenance to remain in force)
  • From 1 January 2017 the periodic spousal maintenance payable by the second applicant to the first applicant is varied to a symbolic sum of HK$1 per year until the earlier of the death of both parties or the first applicant's remarriage