Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 11 mppo

  • 11 Apr 2022

    CYCT v. FHJAL

    Citation
    [2022] HKFC 76
    Court
    Family Court
    Case number
    FCMC16235/2012

    The court accepted there was a material, unforeseen deterioration in the husband’s financial position (sale of TMHK and termination of employment), accepted that the wife’s asset position had substantially improved, accepted evidence of a reduction or tacit agreement reducing maintenance to US$5,500 from early 2016/2017 and exercised its s11 discretion to vary the periodic payment to US$5,500 from 4 April 2019 until 10 April 2022 and thereafter to a nominal HK$1 per annum from 11 April 2022, with no further CPI adjustments.

  • 5 Nov 2020

    AMC v. LHT

    Citation
    [2020] HKFC 226
    Court
    Family Court
    Case number
    FCMC3761/2009

    The respondent’s entitlement to periodical maintenance was discharged because there was a material change in circumstances: the petitioner had formed a new family and assumed sole financial responsibility for two young children, his modest and fixed income made continuation of the order unsustainable, the marriage had been short and the petitioner had provided support for over a decade, and the respondent had not demonstrated genuine or reasonable use of her earning capacity; on balance a clean break was appropriate and the maintenance order was discharged from 1 August 2019.