Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Backdating of variation

  • 9 Jan 2025

    YWS v. SJ

    Citation
    [2025] HKFC 10
    Court
    Family Court
    Case number
    FCMC10832/2008

    H failed to establish a material change justifying variation before retirement: evidence showed continued capacity to pay (employment income, dividend income, lump sums, gifts, accumulated assets and investments); no adverse inference drawn for not calling Madam C because no explanation was put to H and it would be unfair to draw such inference; balancing incomes and reasonable needs the court declined to vary the 2011 order now but ordered a prospective reduction to HK$10,000 per month only upon H’s retirement or cessation of employment; H must pay all arrears and W awarded costs on a nisi b…

  • 22 Jul 2022

    S, PJ v. S, CE nee D, CE

    Citation
    [2022] HKFC 152
    Court
    Family Court
    Case number
    FCMC664/2012

    No credible evidence of a verbal agreement existed to vary the consent order. The husband unjustifiably reduced and then ceased maintenance. The consent order obligation to pay school fees remains. The monthly maintenance of HK$6,500 remains in place until 30 April 2019; it is varied to HK$4,000 per month effective 1 September 2019 until the child attains 18 years or ceases full-time education. Maintenance is remitted for May–August 2019 and for an additional two-month period at the end of 2020, with the remitted total HK$34,000. Husband to pay 50% of wife's costs (order nisi) with legal aid…

  • 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.

  • 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…

  • 20 Sept 2019

    WM v. CNK

    Citation
    [2019] HKFC 246
    Court
    Family Court
    Case number
    FCMP19/2012

    The court found a material change of circumstances: the childs reasonable housing needs are now met in government staff quarters provided via the mothers husband, there was no concrete evidence the child would be evicted; accordingly the fathers undertaking to purchase a flat was discharged (backdated to 9 Nov 2016) and the consent order was varied so the father pays monthly maintenance of HK$29,000 (plus undertakings to pay school fees and maintain life insurance), with the variation backdated to 1 April 2018 and payment commencing 1 October 2019.

  • 14 Jan 2014

    TMM also known as MMJT v. CCY also known as CCYJ

    Citation
    TMM also known as MMJT v. CCY also known as CCYJ
    Court
    Family Court
    Case number
    FCMC10961/2010

    Judge accepted that husband suffered a real decline in financial circumstances and that a material change justified variation; however to avoid placing the wife and children in intolerable hardship the court reduced maintenance to US$1,000 per month for the wife and US$1,000 per month for each child (total US$3,000) effective 1 February 2014 and refused to backdate the variation to the date of the application.