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Hong Kong Case Law

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Family law [2020] HKFC 121

GAY v. BNK

The Family Court varied interim child maintenance after trial, reducing payments because the father's current and projected income could not sustain the prior order.

  • Ancillary relief
  • Variation of interim maintenance
  • Earning capacity assessment
  • Attachment of earnings
  • Child's needs assessment
  • Child-maintenance
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Family law HWK v. TCWP

HWK v. TCWP

The court ordered monthly periodical payments for the wife and child, applied the statutory s.7 factors, and attached payment to the husband’s salary.

  • Periodical payments
  • Attachment of earnings
  • Assessment under s.7 mpp ordinance cap 192
  • Legal aid and costs
  • Section 18 declaration
  • Periodical-payments
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Family law T v. C

T v. C

The court ordered an additional HK$500 monthly attachment from the husband’s HKJC income for child maintenance arrears and awarded costs to the wife.

  • Child maintenance
  • Attachment of earnings
  • Judgment summons
  • Bankruptcy and maintenance
  • Costs
  • Child-maintenance
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Family law Y v. Y

Y v. Y

District Court held the husband had not shown a sufficient change in circumstances to reduce child maintenance, and ordered salary attachment and instalment arrears payment.

  • Variation of maintenance
  • Attachment of earnings
  • Judgment summons
  • Financial disclosure
  • Child-maintenance
  • Attachment-of-earnings
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Family law K v. C

K v. C

The court ordered an equal split of the sale proceeds of the former matrimonial home, awarded child maintenance of HK$4,200 monthly, and granted joint custody.

  • Ancillary relief
  • Division of matrimonial property
  • Interim maintenance reimbursement
  • Periodical child maintenance
  • Attachment of earnings
  • Clean break order
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Family law C v. K

C v. K

Appeal in a child maintenance dispute dismissed. The Court of Appeal upheld an increase to HK$10,000 per child per month and refused an attachment order.

  • Child maintenance variation
  • Attachment of earnings
  • Diversion of income to third party
  • Discovery obligations
  • Judicial discretion on enforcement
  • Section 11(7) matrimonial proceedings and property ordinance
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Family law L v. L

L v. L

維持對妻子的贍養費,撤銷子女每月$5,000供款,並駁回針對政府薪金的扣押交叉上訴;監禁命令就持續付款部分被撤銷。

  • Spousal maintenance
  • Child maintenance
  • Attachment of earnings
  • Committal for contempt
  • Pension attachment
  • Statutory interpretation
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Family law L v. L

L v. L

Court of Appeal partly allowed the appeal, maintained the wife’s maintenance, discharged maintenance for the younger child, and dismissed the cross-appeal on salary attachment.

  • Maintenance (spousal and child)
  • Committal for non-payment of maintenance
  • Attachment of earnings
  • Crown immunity from attachment
  • Pension attachment
  • Variation of maintenance orders
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Family law MALCOLM ERNEST GRAY v. DIANE CARY BARBER SERVINO

MALCOLM ERNEST GRAY v. DIANE CARY BARBER SERVINO

Final Appeal Court held there was no duress or material change to set aside or vary a matrimonial consent order, but deleted an excessive committal order.

  • Consent order
  • Ancillary relief
  • Variation of maintenance
  • Duress
  • Committal order
  • Attachment of earnings
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Family law MALCOLM ERNEST GRAY v. DIANE CARY BARBER GRAY

MALCOLM ERNEST GRAY v. DIANE CARY BARBER GRAY

Appeal over variation and enforcement of a matrimonial consent order was dismissed, with contempt upheld and committal suspended subject to payment conditions.

  • Variation of consent order
  • Committal for contempt
  • Attachment of earnings
  • Maintenance obligations
  • Jurisdiction under matrimonial proceedings and property ordinance
  • Family-law
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.