NKY v. CTY

NKY v. CTY

Given the parties' similar incomes and the court's assessment of the child's reasonable needs, the father's maintenance contribution was reduced to HK$7,700 per month, made payable to the mother and backdated to 1 February 2012; the father was excused from further payment of the HK$2,000 per month arrears instalment...

Source-derived case information.

Citation
NKY v. CTY
Parties
1st Applicant (mother): NKY; 2nd Applicant (father): CTY
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
25 October 2012
Case Number
FCJA2208/2009
Procedural Posture
Matrimonial Variation of Maintenance / Judgment (district Court)
Outcome
Variation granted in part
Legal Topics
Variation of Maintenance, Backdating of Orders, Consent Orders, Parental Contribution
Source Language
en
Family Law Matrimonial Proceedings Child Maintenance Variation of Maintenance Backdating of Orders Consent Orders Parental Contribution

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Parties

NKY

1st Applicant (mother)

CTY

2nd Applicant (father)

Procedural Posture

Matrimonial Variation of Maintenance / Judgment (district Court)

Legal Issues

  1. 1 Whether the child maintenance order should be varied
  2. 2 What is the appropriate level of periodic payments for the child going forward
  3. 3 Whether any variation should be backdated

Ratio Decidendi

Given the parties' similar incomes and the court's assessment of the child's reasonable needs, the father's maintenance contribution was reduced to HK$7,700 per month, made payable to the mother and backdated to 1 February 2012; the father was excused from further payment of the HK$2,000 per month arrears instalment under the 17 October 2011 order; no order as to costs.

Court Disposition

Variation granted in part

Orders

  • 2nd Applicant to pay periodical payments of HK$7,700 per month to 1st Applicant for the child, backdated to 1 February 2012
  • Payments to be made on the first day of each month until the child reaches age 18 or ceases full time education, or until further order