Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Education expenses

  • 9 Jan 2023

    PYK v. CCLA

    Citation
    [2023] HKFC 11
    Court
    Family Court
    Case number
    FCMC11163/2019

    The court drew an adverse inference from H's material non‑disclosure, concluded H had the financial ability to pay, but on the facts refused maintenance for C who had completed her first degree and was over 18 and allowed interim maintenance only for N: monthly HK$5,192 from 1 August 2022 until further order and a lump sum HK$3,140 for N's August–September 2021 expenses; no order as to costs of the summons.

  • 19 Sept 2018

    L, KMM v. N, DG

    Citation
    [2018] HKFC 160
    Court
    Family Court
    Case number
    FCMC595/2014

    There was a material change in circumstances (mother cohabiting/married, ceased paying rent, and receiving income) warranting variation; the father was ordered to continue to pay all of S's education tuition fees but was released from the undertaking to pay agreed ECAs; after apportioning household and direct child expenses the appropriate maintenance was fixed at HK$16,000 per month until S is 18 or ceases full time education; the variation was backdated to 1 June 2017; no order as to costs (order nisi to be made absolute in 14 days).

  • 15 May 2017

    NH v. SH nee C

    Citation
    NH v. SH nee C
    Court
    Family Court
    Case number
    FCMC11845/2007

    The court increased maintenance for the younger child A to HK$21,000 per month because the husband should bear half of the general household expenses for A plus A\'s specific expenses and tuition while A studies full time in Hong Kong and the husband can meet this from his resources; the court refused to vary payments for the elder son L because the husband already pays university fees and substantial living contributions and any further supplementation is a matter for the wife; the wife cannot obtain maintenance for herself because the original order was a clean break.

  • 22 Mar 2016

    CLCJ v. JIF

    Citation
    CLCJ v. JIF
    Court
    Family Court
    Case number
    FCMP186/2015

    The court found that J was in immediate need of financial assistance, accepted the applicant's evidence and drew an adverse inference from the respondent's non‑participation and the documentary indicia of means (Form E and tax demand). On that basis the court was entitled under s29AD MPPO to order interim maintenance and fixed the sum at HK$7,000 per month payable to the design school, and awarded the applicant costs of HK$16,625.

  • 22 Apr 2015

    羅 對 趙

    Citation
    羅 對 趙
    Court
    Family Court
    Case number
    FCMC2740/2006

    Court found the respondent's evidence about continued unemployment and his domestic financial situation not credible and treated his earning capacity as at least HK$35,000 per month; there was a material change in circumstances (including increased rent income from the 3G unit, children's needs and overseas schooling plans) warranting variation. The court increased child maintenance (with specified transitional periods), ordered payment of medical and orthodontic fees, required the respondent to share school fees (subject to a cap for the son's fees), and imposed a security over the responden…

  • 20 May 2009

    Z v. KY

    Citation
    Z v. KY
    Court
    Family Court
    Case number
    FCMC15184/2002

    Court found a material change of circumstances in respect of the child’s education and that the Respondent had the ability to pay; Petitioner had not made full and frank disclosure and had earning capacity so her maintenance was not increased; child’s maintenance and education costs should be increased and school tuition paid by Respondent, with no backdating of variation to 24 April 2008.

  • 26 Aug 2008

    T v. J

    Citation
    T v. J
    Court
    Family Court
    Case number
    FCMP38/2007

    Paternity was declared; after evidential assessment the court found many of the mother's day‑to‑day child expenses reasonable, the father had an earning capacity of at least HK$100,000 per month and sufficient resources (including borrowing ability) to meet obligations; accordingly ordered periodical payments to reflect the children's reasonable needs and awarded a lump sum to reimburse set-up and accrued child expenses after crediting interim payments.

  • 8 Aug 2007

    W v. T

    Citation
    W v. T
    Court
    Family Court
    Case number
    FCMC13554/2006

    Applying sections 5, 7 and 10 MPPO and conducting a broad-brush interim balancing exercise, the court found the Daughter's UK A-level study to be a realistic and genuine financial need that increased her prospects of achieving university entry; having regard to the parties' financial resources and the fact the Daughter is in full-time education, leave was granted to withdraw HK$190,000 immediately and HK$180,000 on 1 August 2008 from funds paid into court to cover the two years' matriculation expenses.