Hong Kong Case Law: Decisions & Judgments

Topic

Backdating

Legal area

Court

29 Dec 2025

TCTE v. SM

Citation

[2025] HKFC 204
Court

Family Court
Case number

FCMP98/2010

Court accepted jurisdiction by defendant\'s participation; found significant change of circumstances since 2011; after assessment of the minor\'s reasonable monthly needs (HK$48,878.15) and the parties\' means (father substantially better resourced, mother limited present income but with earning potential and third‑party support likely to continue), the appropriate apportionment is 75% father and 25% mother, producing a periodical payment by father of HK$36,658.6 pcm, linked to Canada CPI, backdated to 20 December 2023, with specified shortfall payable, and most lump sum claims refused for la…
24 Nov 2023

CSF v. HYC

Citation

[2023] HKFC 231
Court

Family Court
Case number

FCMC12661/2014

There was a material change of circumstances since the 2015 consent order; the court assessed the child's needs de novo, found reasonable monthly needs while residing with the mother to be HK$15,100 and estimated tertiary-stage needs (overseas) at HK$27,130 per month; parties are ordered to share those needs equally; backdating and the mother's tax-related claims were dismissed due to lack of entitlement and material non-disclosure by the mother did not justify retrospective relief.
8 Apr 2022

TKM also known as WTKM v. WHG

Citation

[2022] HKFC 83
Court

Family Court
Case number

FCMC5723/2021

On a broad‑brush interim assessment the court adjusted the petitioner's budget downwards item by item, apportioned general expenses half/half between petitioner and child, concluded respondent had ability to pay, and ordered maintenance pending suit HK$41,000/month for the petitioner and interim maintenance HK$38,000/month for the child, backdated to the first day of the month following 17 August 2021; credit to be given for sums paid since 17 August 2021 and costs reserve (order nisi).
27 Aug 2021

YNNA v. HCKW

Citation

[2021] HKFC 172
Court

Family Court
Case number

FCMC6626/2015

Leave to appeal refused because the intended grounds had no reasonable prospect of success: the judge correctly concluded the claims were settled by the consent orders and that the proviso in the 19 December 2019 order was solely for the benefit of the children so the petitioner’s backdating claim for her own benefit did not fall within it; costs ordered nisi to the respondent.
8 Jun 2021

R, E also known as M, E v. P, OPM also known as P M, OPR

Citation

[2021] HKFC 115
Court

Family Court
Case number

FCMC1658/2020

On a broad-brush assessment the court fixed interim maintenance for the three children at HK$7,350 per child per month (to be paid by the Respondent), having apportioned household and direct childrens expenses, treated parents as equally responsible for childrens general and direct expenses, and directed the Respondent to remain responsible for school fees pending further order and to apply for a bourse; backdating and litigation funding were not ordered now.
18 Nov 2020

LHP v. HWCD

Citation

[2020] HKFC 231
Court

Family Court
Case number

FCMC1538/2020

Applying the broad brush approach the court quantified the wife's and childrens reasonable monthly needs at HK$169,924.91, accepted the wife's monthly income at HK$80,756.50 yielding a net need of HK$89,168.41; assessed the husbands monthly income at HK$156,420 and his reasonable personal monthly expenses at HK$67,337 producing capacity of HK$89,083; disallowed the husbands claimed credit card repayment deduction and adjusted contested items (including apportioning car expenses and reducing insurance claim), and therefore ordered maintenance pending suit of HK$89,000 per month from 1 Decem…
10 Jul 2020

SM also known as HMS v. HDG

Citation

[2020] HKFC 139
Court

Family Court
Case number

FCMC3929/2016

Because the Husband's disclosure was deficient and he has high earning capacity, the court applied a broad-brush assessment of immediate needs, fixed the Wife's and child's immediate needs at HK$54,800 per month, deducted an allowance for the Wife's earning capacity of HK$15,000, found a net need of HK$39,800 and ordered the Husband to pay HK$39,800 per month from 15 July 2020; backdating was refused and no order as to costs was made.
3 Jul 2019

HSYC v. CLTK

Citation

[2019] HKFC 176
Court

Family Court
Case number

FCMC4105/2018

Applying the reasonableness standard under s.3 MPPO and the broad‑brush approach, and making robust inferences due to deficient disclosure by the husband, the court accepted the wife's immediate reasonable needs subject to modest adjustments and the husband's capacity to pay (including potential economies or borrowing) and ordered interim maintenance of HK$25,000 per month (HK$16,000 for the wife and HK$4,500 per child), with no backdating and an order nisi for costs.
19 Jan 2018

W v. H

Citation

[2018] HKFC 15
Court

Family Court
Case number

FCMC6420/2014

Applying a broad‑brush assessment of means and needs the court found the father's disposable income did not support the large increase sought; the matrimonial home equity could not be treated as immediately available without consent or evidence of successful refinancing; the court therefore increased interim maintenance modestly by HK$3,000 to HK$19,500 per month and backdated variation to 1 July 2017, with the backdated amount payable within 28 days.
12 Mar 2013

MJH v. LSA also known as LAH

Citation

MJH v. LSA also known as LAH
Court

Family Court
Case number

FCMC12005/2008

The court held that on the evidence and given the parties\' respective incomes and the father\'s undertaking to pay school fees and other child expenses, child maintenance should continue at HK$9,875 per month payable to the respondent and the mother\'s periodical payment should be varied to nominal maintenance of HK$1 per annum effective 1 September 2012; the nominal order was backdated to 1 September 2012. The decision rested on apportioning child and household expenses equitably in light of the large disparity in incomes and the mother\'s current employment.