Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Backdating variation

  • 15 Apr 2024

    H v. W

    Citation
    [2024] HKFC 76
    Court
    Family Court
    Case number
    FCMC8332/2017

    On a broad‑brush reassessment the Wife's income and available resources, together with realistic reductions to pleaded household items, meant the Husband's contribution to the Wife's general expenses should be reduced to HK$10,000 per month from 1 September 2023; the Husband retains liability for the child's interim maintenance and undertakings (school fees, ECA up to HK$2,000, medical/dental insurance for Wife and child). The Husband was found to have the ability to meet the adjusted maintenance by borrowing and restructuring liabilities and therefore the variation was appropriate and backda…

  • 29 Jan 2014

    EMWW nee EMWT v. SKKW

    Citation
    EMWW nee EMWT v. SKKW
    Court
    Family Court
    Case number
    FCMC9631/1998

    The husband was entitled to stop payments from September 2012 because the son had attained over 21 and no medical certification extended maintenance; the evidence showed the parties had long negotiated and the husband made substantial additional payments such that the wife had effectively acquiesced to reduced levels; given changed circumstances and lack of timely enforcement the wife's notional 8% increases were not enforceable as arrears and the maintenance order should be varied in the terms sought by the husband, with order 4 discharged from 1 September 2012 and any claimed outstanding su…