Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Arrears of maintenance

Legal area

Court

30 Sept 2005

LAI LING LING v. CHUN FOO KEUNG

Citation

LAI LING LING v. CHUN FOO KEUNG
Court

Court of First Instance
Case number

HCMP263/2003

Given the defendant's persistent failure to pay and the emergence of new facts (imminent completion of sale and division of matrimonial property), the Court has jurisdiction to make a supplemental order to include arrears and ongoing maintenance despite prior registration; the appeal is allowed and the supplemental order is made to ensure effective enforcement of the foreign ancillary relief.
25 Feb 2004

CSL v. WWK

Citation

CSL v. WWK
Court

Court of Appeal
Case number

CACV278/2003

The Court of Appeal affirmed the judge's exercise of discretion: arrears of maintenance are enforceable only for the 12 months preceding the commencement of enforcement proceedings (proper start date May 2001), the respondent's financial evidence was accepted, child maintenance at HK$1,700 per month each was correctly ordered, and the clean break lump sum should be increased from HK$30,000 to HK$60,000 (with HK$30,000 already paid and the balance due within three months); other terms of the lower court's judgment were upheld.