Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mother's allowance

  • 10 Oct 2023

    RMH v. GY

    Citation
    [2023] HKFC 204
    Court
    Family Court
    Case number
    FCMP38/2020

    Applying a broad brush assessment and having discounted inflated claims, the court allowed direct undertakings from the father for school and medical expenses and ordered periodical maintenance of HK$250,000 per month (rounded from an assessed total of HK$241,040) to reflect the child's reasonable needs and the father's wealth, with lump sum/set-up claims mostly rejected as refundable to father given mother’s overspending and lack of justification.

  • 25 Oct 2018

    YMN v. LCK

    Citation
    [2018] HKFC 182
    Court
    Family Court
    Case number
    FCMP229/2016

    On available evidence the court assessed respondent's monthly income at HK$68,000 (HK$58,000 salary plus HK$10,000 for likely undisclosed receipts), assessed the child's household needs at HK$29,000/month (including reasonable accommodation), concluded mother currently cannot convert earning capacity into income and that respondent had failed full and frank disclosure; therefore ordered respondent to pay HK$29,000/month secured on Mongkok property and to pay a lump sum of HK$157,000 to reimburse past underpayments, and to pay costs to applicant to be taxed.

  • 27 Apr 2017

    HMSE v. JJS

    Citation
    HMSE v. JJS
    Court
    Family Court
    Case number
    FCMP70/2008

    Leave to appeal was refused because the mother had no reasonable prospect of success; her revival of a claim for a full mother’s allowance made discovery on her finances inevitable and the judge’s exercise of discretion to order costs against her for the adjournment was not plainly wrong or an error of law.

  • 7 Apr 2017

    HMSE v. JJS

    Citation
    HMSE v. JJS
    Court
    Family Court
    Case number
    FCMP70/2008

    The court held that the mother's financial position is relevant to assessment of a mother's allowance and ordered partial discovery: the mother must answer specified questions and produce documents relating to property interests, other landed properties, updated bank statements (with explanations limited to two large withdrawals), identification and loan particulars regarding the cousin, the alleged HK$220,000 loan receipt, and other specified items within 28 days; the court refused orders for production of first pages of certain bank statements, full credit card histories, immigration depart…

  • 27 Apr 2012

    CKM formerly known as CHY v. SKL

    Citation
    CKM formerly known as CHY v. SKL
    Court
    Family Court
    Case number
    FCMP67/2011

    Given the child's needs and the father's undisputed means the court accepted specific undertakings from the father and made a periodical payment order reflecting both direct child costs and a limited mother's allowance: undertakings to pay up to HK$40,000 pm rent (inclusive), school fees and bus, extracurricular up to HK$3,000 pm, insurance premiums and life policy; periodical payments to applicant of HK$32,630 per month from 1 May 2012 until 1 Sep 2014 then reduced to HK$22,630 per month until A is 18 or ceases full time education; a lump sum of HK$355,000 (order nisi made absolute in 28 day…