Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Assessment of means and needs

  • 22 Mar 2022

    BAM v. DJM nee W

    Citation
    [2022] HKFC 58
    Court
    Family Court
    Case number
    FCMC9713/2011

    The Court found the petitioner had established a significant and sustained reduction in his ability to pay since the 2014 Order and that variation was justified. The Court suspended spousal maintenance from 1 February 2021 (backdating limited to the filing date) and reduced child maintenance prospectively: paragraph 3 suspended 1 Feb 2021–1 Apr 2022 with nominal HK$1 per annum payable from 1 Apr 2022; paragraph 4 suspended 1 Feb 2021–30 Jun 2022 with child maintenance set at HK$15,000/month from 1 July 2022 until N's 18th birthday or cessation of full‑time education. The Court declined to abs…

  • 10 Jul 2017

    WSR v. CSL

    Citation
    WSR v. CSL
    Court
    Family Court
    Case number
    FCMC8831/2012

    Judge found H's claimed change of circumstances did not justify reduction of children's maintenance: after realistic adjustments H could afford to pay at least HK$20,000 per month for the children; W's and the children's assessed needs (including children's special educational/therapeutic costs) remained established; consequently the order to reduce W's maintenance was varied to a nominal HK$1 per annum but H's application to vary the children's maintenance was dismissed.

  • 10 Feb 1970

    MABLE LAI v. LAM CHOW

    Citation
    MABLE LAI v. LAM CHOW
    Court
    Court of First Instance
    Case number
    HCMC60/1969

    Given the petitioner's demonstrated shortfall between income and reasonable expenses and the respondent's admitted monthly income and obligations (including support of two children by another woman and a significant mortgage against the matrimonial home), the court balanced needs and means and ordered maintenance of $175 per month to the petitioner, payable one month after decree nisi is made absolute and monthly thereafter.