Hong Kong Case Law: Decisions & Judgments

Topic

Maintenance assessment

Legal area

Court

18 Aug 2023

PEL, by his mother and next friend P AND ANOTHER v. SL

Citation

[2023] HKFC 167
Court

Family Court
Case number

FCMP121/2021

Given the Respondent's persistent non‑participation and failure to provide financial disclosure, the court drew adverse inferences regarding ability to pay, applied a broad‑brush assessment of the minor's needs (taking into account ISS subsidy), and ordered monthly maintenance of HK$5,200 to be paid by the Respondent with costs to the applicants taxed under Legal Aid Taxation.
5 Aug 2019

鄧對盧

Citation

[2019] HKFC 187
Court

Family Court
Case number

FCMC11715/2016

Respondent, despite current unemployment, retains earning capacity evidenced by prior monthly income of approx. HK$20,000 and access to family support; child’s reasonable monthly needs assessed at HK$9,110 and applicant’s request for HK$4,000 per month is less than 50% of that need; accordingly respondent has the capacity and must pay HK$4,000/month child maintenance and symbolic HK$1/year spousal maintenance.
5 Aug 2016

李對黃

Citation

李對黃
Court

Family Court
Case number

FCMC8627/2014

Applying s7 and the approach in LKW v DD, the court found the husband's realistic average monthly earning capacity about HK$30,000, his reasonable minimum personal expenditure about HK$11,567 (after disallowing excessive car and full domestic helper costs), and the two children's combined reasonable monthly needs about HK$12,646. The husband therefore had sufficient surplus to pay HK$10,000 per month for the children (HK$5,000 each). The wife's request for nominal spousal maintenance HK$1 per year was reasonable and allowed. Costs awarded to wife as successful party.

Hong Kong Case Law

PEL, by his mother and next friend P AND ANOTHER v. SL

鄧 對 盧

李 對 黃

鄧對盧

李對黃