DCB v. AB

DCB v. AB

The Father failed to establish any material misrepresentation or incapacity to pay that would justify a downward variation; the Mother's income disclosure was adequate and the husband's income and the value of the Mother's sole proprietorship were not relevant to the interim maintenance apportionment; the Father had given an undertaking to pay nursery/school fees and is liable for outstanding fees of HK$60,630, payable within 14 days with judgment interest thereafter.

Citation
[2018] HKCFI 717
Parties
Plaintiff: DCB; Defendant: AB; Ward of Court: IMB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 April 2018
Case Number
HCMP2173/2014
Procedural Posture
Wardship and Interim Maintenance Variation / Chambers Hearing on Two Summonses (application to Vary Interim Maintenance and Enforcement of Undertaking)
Outcome
Father's summons for downward variation dismissed; Mother's summons for unpaid school fees granted in part.
Legal Topics
Interim Maintenance, Variation of Order, Enforcement of Undertaking, School Fees, Relocation Application
Source Language
EN
Family Law Child Custody Maintenance Wardship Enforcement Interim Maintenance Variation of Order Enforcement of Undertaking +2 more

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Parties

DCB

Plaintiff

AB

Defendant

IMB

Ward of Court

Procedural Posture

Wardship and Interim Maintenance Variation / Chambers Hearing on Two Summonses (application to Vary Interim Maintenance and Enforcement of Undertaking)

Legal Issues

  1. 1 Whether there were grounds to vary the interim maintenance order downward
  2. 2 Whether the Father breached his undertaking to pay nursery/school fees and is liable to pay outstanding fees
  3. 3 Whether the Mother's spouse's income or the value of Mother's sole proprietorship are relevant to the maintenance assessment

Ratio Decidendi

The Father failed to establish any material misrepresentation or incapacity to pay that would justify a downward variation; the Mother's income disclosure was adequate and the husband's income and the value of the Mother's sole proprietorship were not relevant to the interim maintenance apportionment; the Father had given an undertaking to pay nursery/school fees and is liable for outstanding fees of HK$60,630, payable within 14 days with judgment interest thereafter.

Court Disposition

Father's summons for downward variation dismissed; Mother's summons for unpaid school fees granted in part.

Orders

  • The Father\'s summons issued on 1 December 2017 for immediate variation downward of the Interim Maintenance Order is dismissed
  • The Father shall pay the Mother the sum of HK$60,630 being L\'s school expenses up to and including March 2018 within 14 days from date of order