Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consent order weight

  • 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…

  • 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.

  • 5 Nov 2020

    AMC v. LHT

    Citation
    [2020] HKFC 226
    Court
    Family Court
    Case number
    FCMC3761/2009

    The respondent’s entitlement to periodical maintenance was discharged because there was a material change in circumstances: the petitioner had formed a new family and assumed sole financial responsibility for two young children, his modest and fixed income made continuation of the order unsustainable, the marriage had been short and the petitioner had provided support for over a decade, and the respondent had not demonstrated genuine or reasonable use of her earning capacity; on balance a clean break was appropriate and the maintenance order was discharged from 1 August 2019.

  • 8 Nov 2019

    凌 對 黃

    Citation
    [2019] HKFC 284
    Court
    Family Court
    Case number
    FCMC16504/2014

    The court found applicant's circumstances had materially changed after 2017 (reduced earning capacity and new family commitments) but also noted applicant's inconsistent payments and disposable income; balancing needs and means the court reduced the periodical child maintenance from HK$9,000 to HK$5,700 per month effective 1 January 2018, calculated arrears for Jan 2018–Oct 2019 at HK$125,400 less payments of HK$40,000 leaving arrears of HK$85,400, and ordered that arrears be repaid at HK$700 per month starting 1 December 2019 while current maintenance is due monthly in advance.

  • 1 Feb 2018

    LWS v. MHS

    Citation
    [2018] HKFC 14
    Court
    Family Court
    Case number
    FCJA238/2014

    The court found a material change and sufficient evidence of the husband's limited means and psychiatric condition affecting his earning prospects, adjusted the child's reasonable monthly expenses to HKD 5,649, and ruled that the husband should pay HKD 1,000 per month for child maintenance effective January 2017 and thereafter until the child attains 18 or completes full-time education; the remainder of the husband's summons was dismissed and no costs order was made.

  • 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.