Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Variation of interim maintenance

  • 24 Jun 2020

    LSK v. FYKL

    Citation
    [2020] HKFC 122
    Court
    Family Court
    Case number
    FCMC8708/2014

    Applying broad‑brush principles, the court found applicant failed to demonstrate a material change of circumstances or to justify the elevated MPS; applicant's disclosure was deficient and unexplained transfers/sale proceeds indicated available funds; reasonable interim maintenance for applicant and children is HK$60,000 per month; litigation funding application failed the Currey test and is dismissed; respondent must pay daughter's school fees upon provision of invoices; costs in relation to the dismissed funding summons are awarded to respondent and to be offset against any final reward.

  • 24 Jun 2020

    TPY v. FYKL

    Citation
    [2020] HKFC 122
    Court
    Family Court
    Case number
    FCMC6048/2014

    Applicant failed to establish a material change of circumstances or to prove necessary increased monthly needs; applicant failed to disclose material funds and a bank account and did not provide a satisfactory specific maintenance budget or adequate cost breakdown; on broad-brush assessment reasonable interim maintenance remains HK$60,000 per month; litigation funding application dismissed because Currey test not satisfied; costs awarded against applicant in respect of that summons.

  • 9 Jun 2020

    GAY v. BNK

    Citation
    [2020] HKFC 121
    Court
    Family Court
    Case number
    FCMC13556/2013

    Balancing the children's needs against H's proven current and projected earning capacity, liabilities and reasonable expenses the Court concluded H cannot sustain the previous interim payment level; the IM Order was varied and reduced to HK$4,500 per child per month (HK$9,000 total) backdated to 1 December 2018, increasing to HK$5,000 per child (HK$10,000 total) from 1 November 2020 with 3% annual increases until each child attains 18 or completes full‑time education; attachment of earnings was refused and arrears enforcement remains for separate determination.

  • 17 Mar 2020

    林 對 莊

    Citation
    [2020] HKFC 38
    Court
    Family Court
    Case number
    FCMC4891/2015

    Applying Cap.192 s.7 considerations the court identified four matrimonial assets (Hung Hom flat, Fujian property, Mercedes, jewellery), assessed values (net matrimonial pool HKD18,900,000 after mortgage), found parties’ disclosures unreliable and the marriage short. The court departed from equal sharing and awarded 65% to husband and 35% to wife, deducted HKD2,500,000 from wife's entitlement for jewellery she took/sold, ordered husband to pay a lump sum HKD4,115,000 as clean-break ancillary relief and adjusted pendente lite maintenance to HKD5,000/month backdated to Aug 4, 2014 with arrears r…

  • 17 Jul 2019

    張 對 张

    Citation
    [2019] HKFC 183
    Court
    Family Court
    Case number
    FCMC1289/2016

    No material change in circumstances was established; the applicant's resignation was a voluntary choice and his earning capacity and other income (rental and investments) support a finding he can continue to meet the interim maintenance order, therefore the variation application is dismissed and the existing HK$4,900 monthly order is maintained.

  • 27 Apr 2018

    YCKS v. MPKC

    Citation
    [2018] HKFC 57
    Court
    Family Court
    Case number
    FCMC8480/2015

    Applying a broad‑brush approach and finding the respondent's disclosure deficient and that he had assets/means despite claiming unemployment, the court varied the MPS Order: respondent ordered to pay an additional HK$52,000 per month (HK$12,000 rent + HK$40,000 school fees) in addition to the existing MPS payments; the school fees component was backdated to 1 July 2017 and respondent ordered to pay the backdated sum of HK$400,000 within 28 days; ongoing payments to be made on the 1st of each month until further order; payments to be credited to petitioner's bank account; penal notice and pers…

  • 10 Mar 2006

    W v. W

    Citation
    W v. W
    Court
    Family Court
    Case number
    FCMC13244/1997

    Applying s.7 MPPO criteria the court found the wife had minimal earning capacity and the husband had sufficient resources; the wife's and children's reasonable needs were assessed at HK$65,000 per month; the husband was ordered to transfer his interest in the matrimonial home, pay a lump sum of HK$3,000,000, pay HK$340,000 (HK$90,000 arrears and HK$250,000 for repairs), and to pay periodical maintenance of HK$65,000 per month (HK$25,000 to wife until remarriage or death and HK$20,000 to each child until 18 or cessation of full-time education), and the husband's summons to vary interim mainten…

  • 24 Dec 2003

    CHAN HO FONG v. CHAN FAT SHUI

    Citation
    CHAN HO FONG v. CHAN FAT SHUI
    Court
    Court of Appeal
    Case number
    CACV291/2003

    The Court of Appeal held that the Family Court judge committed procedural irregularity by varying maintenance pending suit at a hearing that was confined to summonses for particulars without putting that issue clearly to the parties and inviting their views; the interim maintenance order of HK$10,000 plus outgoings dated 11 July 2003 was set aside with liberty to re-apply, but the judge's order of no order as to costs relating to the hearings was upheld and the appeal was allowed in part.