Hong Kong Case Law: Decisions & Judgments

Topic

Variation of periodical payments

Legal area

Court

7 Aug 2024

KCMA v. ABC AND OTHERS

Citation

[2024] HKCFI 2374
Court

Court of First Instance
Case number

HCMC1/2019

The court found a material change of circumstances in respect of two children (R and S) who are now or soon will be independent students in the US with bank accounts, thereby justifying revisiting the mode of payment under s.11(7). The variation was granted in part: periodical payments remain HKD20,000 per child per month but are to be paid directly to each child when they turn 18, study at university and have a bank account, subject to a HKD3,333 monthly deduction payable to the mother as each child’s share of rental; the variation takes effect 1 September 2024; costs awarded to father on 80…
6 Jun 2023

CMK (formerly known as CSY) v. CPK

Citation

[2023] HKFC 100
Court

Family Court
Case number

FCMC7235/2015

No material change of circumstances justified variation; the reduction in the applicant's income was self-created by sale of shares and voluntary career change; the applicant retained earning capacity and other financial resources and was not a reliable witness; the Children’s reasonable needs remained met by the original order; summons to vary was dismissed and original Children Maintenance Order continued in force.
19 Jul 2022

JPH v. PK

Citation

[2022] HKFC 144
Court

Family Court
Case number

FCMC13429/2012

Court found a material change in circumstances: Husband's further serious deterioration in health and incurred additional medical expenses, coupled with inability to obtain suitable employment and severe indebtedness, while Wife retained property assets and was in a better financial position; exercising the s.11 MPPO jurisdiction the court discharged Husband from liabilities to pay periodical maintenance to the Wife and daughter, effective 1 May 2019, and made no order as to costs.
21 Jun 2022

TMY v. LCH

Citation

[2022] HKFC 132
Court

Family Court
Case number

FCMC13687/2016

Husband did not satisfy the court that his unemployment amounted to a material change of circumstances because he failed to make genuine, adequate efforts to obtain alternative employment, he retained earning capability, and family financial assistance continued or was likely to continue; accordingly the consent maintenance order was not varied and the summons was dismissed.
29 Oct 2021

M v. C

Citation

[2021] HKFC 219
Court

Family Court
Case number

FCMC8147/2014

Leave to appeal out of time is refused because, although the short delay and reasons were acceptable and caused no substantial prejudice, the intended appeal has no reasonable prospect of success: the Judge properly considered MPPO s28 and the evidence, concluded the Father's reduced payments resulted from self-induced financial liabilities though he retained ability to pay reasonable sums and undertook to comply or accept future AIO; on that basis dismissal of the AIO was justified.
22 Nov 2019

ALDL v. FTFC AND ANOTHER

Citation

[2019] HKFC 292
Court

Family Court
Case number

FCMC13698/2013

The Court found there was a material change in the Wife's circumstances (post-2015 cancer, medical needs, depletion of savings and prolonged litigation) and that the Husband had the ability to pay; the Wife's reasonable interim needs required an increase. The Husband was ordered to pay HK$220,000 per month as maintenance pending suit, backdated to the date of the present application, and to provide legal costs funding of HK$300,000 per month for 12 months (to be held by the Wife's solicitors solely for these proceedings). Costs of and incidental to the application were awarded to the Husband…
21 May 2019

RWMY v. AH

Citation

[2019] HKFC 119
Court

Family Court
Case number

FCMC5635/2008

Material changes of circumstances (children studying in UK and their maturing needs) justified revising payment structure. Court balanced living standard, children’s needs and existing undertakings: ordered a mixed structure (direct payments/undertakings and fixed sums to children and to wife). Reimbursement claim dismissed because those items were not separately ordered/undertaken under the consent orders and enforcement, not variation under s11, is the appropriate remedy. Specific monthly maintenance to wife set at HK$39,000 total ($19,500 per child) with specified UK pocket money and unive…
30 Nov 2018

WGL v. ASB

Citation

[2018] HKCFI 2615
Court

Court of First Instance
Case number

HCMP489/2013

Court found a material change of circumstances (Mother and child moved into partner Mr H's house relieving housing/utilities), applied a broad‑brush assessment of child’s reasonable budget, suspended housing portion (HK$150,000) from 1 March 2017, varied downward the non‑housing part of the prior HK$140,000 to HK$121,000 per month (index‑linked) effective 1 March 2017, ordered Mother to reimburse Father HK$750,000 for housing overpayments within 90 days, directed CPI/index shortfalls to be paid within 90 days, adjourned ECA and airfare reimbursement issues for further directions, and dismisse…
30 Nov 2017

WGL v. ASB

Citation

WGL v. ASB
Court

Court of First Instance
Case number

HCMP489/2013

The Mother failed to discharge the burden under the Currey principles to show she could not reasonably procure legal advice and representation by other means; her financial disclosure was unsatisfactory in particular concerning transfers totalling about HK$13.7m and other assets/liabilities; the costs estimate of HK$2.2m was excessive and disproportionate for a 3-day trial; consequently the court refused to exercise its discretion to order the funding and dismissed the Mother's summonses, reserving costs.
7 Aug 2017

TWF v. HWKR

Citation

TWF v. HWKR
Court

Family Court
Case number

FCMC16534/2015

Applying the statutory power to vary and weighing immediate reasonable needs against husband's demonstrated means, the court allowed a partial variation: wife's monthly MPS increased from HK$61,000 to HK$99,000 (effective 10 July 2017) reflecting allowed monthly budget items (total HK$74,000) plus an allowance of HK$25,000 for repayment of friends/relatives debts; the husband need not increase monthly legal-costs provision now beyond existing HK$50,000 but gave an undertaking to pay HK$50,000 per month for legal costs within 7 days of receipt of his share of Sentosa House sale proceeds, and t…