Hong Kong Case Law

袁 對 許

Court

Family Court

Case number

FCMC6915/2011

Applicant failed to prove a substantial and bona fide reduction in means sufficient to justify varying the existing maintenance orders: his claimed increased rental outlay was overstated, he had significant MPF withdrawals available, and his overall capacity to pay remained such that the existing orders were sustainable; accordingly both variation applications were dismissed and the existing maintenance orders were maintained.

Source excerpt

• Spousal maintenance variation
• Child maintenance variation
• Change of circumstances
• Burden of proof
• Capacity to pay

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C v. K

Court

Court of Appeal

Case number

CACV187/2006

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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