Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interim child maintenance

  • 31 Jul 2025

    WKI v. CKW

    Citation
    [2025] HKCA 709
    Court
    Court of Appeal
    Case number
    CAMP11/2024

    The undertaking given by the Wife formed part of the Preamble to the 1 April 2021 order but did not negate or operate as a pre-condition to the Husband's express obligation in paragraph 2 to pay interim child maintenance; the Husband failed to show a reasonable prospect of success on any proposed ground of appeal and no other reason in the interests of justice existed to grant leave, hence the renewed application for leave to appeal was dismissed and costs were ordered against the Husband.

  • 9 Aug 2024

    PMCL also known as LMC also known as KLMC v. AKK also known as KAK AND ANOTHER

    Citation
    [2024] HKFC 125
    Court
    Family Court
    Case number
    FCMC11521/2015

    Maintenance pending suit cannot be awarded for periods before the petition or after decree absolute; R1's MPS Summons was procedurally and substantively defective (no timely application before decree absolute, insufficient evidential proof of need, adult children not entitled after s18 declaration), and no very good or compelling reason existed to stay proceedings; therefore both the MPS and Stay Summons were dismissed and costs awarded to the Petitioner.

  • 4 Jan 2024

    WKI also known as IWKV v. CKW also known as WCKW

    Citation
    [2024] HKFC 3
    Court
    Family Court
    Case number
    FCMC11528/2019

    The respondent was found to be in wilful and continuing contempt for non‑payment of interim child maintenance and that non‑payment impeded the course of justice; however, because the petitioner had other effective enforcement remedies and it was not appropriate to deny the respondent the right to pursue his committal summons, the court exercised its discretion not to grant a Hadkinson order and dismissed the petitioner's Hadkinson summons (with a costs order).

  • 27 Jun 2023

    LKM v. LWC

    Citation
    [2023] HKFC 124
    Court
    Family Court
    Case number
    FCMC6076/2022

    Applying the MPPO and established authorities the court conducted a broad‑brush assessment of immediate reasonable needs and the Husband's means, calculated the Wife's and Child's monthly needs at HK$50,812 against the Wife's income plus existing child maintenance of HK$44,000, found a monthly shortfall of HK$6,812 and ordered the Husband to pay monthly MPS of HK$6,812 (commencing 1 July 2023), maintained child interim at HK$15,000 per month, and ordered backdated payments for the periods identified (MPS 1 April 2022–30 June 2023 and child difference 1 April 2022–31 October 2022) with specifi…

  • 6 May 2022

    SRW nee R v. WHF

    Citation
    [2022] HKFC 99
    Court
    Family Court
    Case number
    FCMC6750/2021

    On the evidence the Court allowed verified personal expenses of the Husband totalling HK$4,700 per month, found the Wife had capacity to pay given her income and prior payments to the Husband and the disparity of incomes, and ordered the Wife to pay HK$4,700 per month MPS commencing 1 June 2022; interim child maintenance was discharged due to agreed shared care arrangements.

  • 6 Apr 2022

    MWK v. HYK

    Citation
    [2022] HKFC 69
    Court
    Family Court
    Case number
    FCMC5989/2021

    Wife’s pleaded MPS was dismissed because her Form E showed she earned sufficient income (HK$39,360) to meet her reasonable monthly needs and her MPS figures were inconsistent and unsupported; however, the court increased interim maintenance for the two children to HK$48,900 per month (HK$24,450 each) payable by the husband from 1 May 2022, finding the husband (and his family contributions) had sufficient means and that children’s reasonable monthly needs totalled HK$48,900; the wife’s accommodation relief was not granted under s3/s5 and parties were directed to agree an arrangement and seek a…

  • 8 Jun 2021

    LPY v. KJ

    Citation
    [2021] HKFC 108
    Court
    Family Court
    Case number
    FCMC7875/2020

    On the evidence the husband retained a realistic earning capacity (conceded ~HK$15,000) and received continuing financial assistance from family, while his declared monthly outgoings (HK$11,700) left a surplus; the wife's and children's assessed reasonable monthly needs were HK$72,000 and the wife's claim of HK$20,000 was within the husband's demonstrated ability to contribute; accordingly the court ordered HK$20,000 per month divided equally among wife and two children (HK$6,667 to wife; HK$13,333 for children) payable monthly from 1 July 2021, and ordered costs against the husband.

  • 25 Jun 2019

    N P Y J v. S M R C

    Citation
    [2019] HKFC 163
    Court
    Family Court
    Case number
    FCMC9098/2018

    The respondent failed the Currey criteria and did not demonstrate that his assets were not reasonably deployable or that he had no other means to fund litigation or living expenses; his application for legal costs and maintenance pending suit was therefore dismissed, while the petitioner's reasonable interim budget for the children was accepted and the respondent was ordered to pay HK$64,000 per month pending further order; the injunction against dissipation was unnecessary and dismissed.

  • 1 Jun 2018

    LCF v. LCW

    Citation
    [2018] HKFC 84
    Court
    Family Court
    Case number
    FCMC575/2017

    Husband's variation summons dismissed because he failed to make full and frank disclosure (missing 2016 sole proprietorship accounts and unexplained proprietor fund), adverse inferences drawn that he has means to pay; wife and children's reasonable needs established; not fair to vary consent MPS Order at interim stage; arrears not remitted; parties ordered to continue each to bear half mortgage repayment; husband to pay wife's costs (taxed if not agreed).