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Hong Kong decisions
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The Family Court varied a 2011 child maintenance order upward, held it had jurisdiction, backdated the variation to 20 December 2023, and refused most lump sum claims.
The court dismissed cross-applications to vary child maintenance, fixed monthly maintenance at HK$80,000, discharged several consent-order undertakings, and ordered limited direct payments.
A District Court child-maintenance judgment partly allowed the mother’s claims, rejected much of the Autism Circle evidence, and awarded reduced lump sum, periodic maintenance, and carer’s allowance.
The court refused an out-of-time leave to appeal application in a maintenance dispute, finding an 11-month delay unjustified and no arguable prospect of success.
The court ordered child maintenance, a lump sum, and an income attachment after finding the father had failed to give full and frank financial disclosure.
Ancillary relief judgment in a short Hong Kong marriage, with retrospective and ongoing child maintenance orders, a lump sum for the wife, and dismissal of remaining claims on compliance.
Applying Cap.192 s.7 factors and LKW v DD guidance, the court found both parties have sufficient means to support themselves (no spousal maintenance awarded), assessed the child's reasonable needs at approximately HK$9,500 per month, evaluated each parent's income and obligations (including respondent's caregiving constraints and applicant's government allowances), rejected allegations of undisclosed valuable assets for lack of evidence, and ordered respondent to pay child maintenance HK$800 per month and to transfer HK$10,900 in red-envelope funds to applicant for the child's benefit.
Source excerpt
Leave to appeal was refused because the applicant failed to show a reasonable prospect of success or other compelling reason: the lower judges lawfully and reasonably exercised their discretion in assessing interim maintenance and travel permission, made proportionate assessments of needs and ability to pay, and did not commit legal error warranting appellate intervention.
Source excerpt
Ancillary relief trial on asset division, add-backs and child maintenance. The court ordered sale of the main home, equal division, and HK$25,000 monthly child maintenance.
The court granted reduced maintenance pending suit and interim maintenance, rejected backdating, and awarded costs to the Petitioner.
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