Hong Kong Case Law: Decisions & Judgments

Topic

Earning capacity

Legal area

Court

7 Sept 2023

TKY v. YSGA

Citation

[2023] HKFC 181
Court

Family Court
Case number

FCMC2208/2023

On a broad‑brush assessment the wife's and children's reasonable monthly needs were HK$116,800; the wife can contribute HK$89,000 from her HK$160,000 income leaving a deficit of HK$27,800 which the court rounded to HK$28,000; the husband’s earning capacity was inferred at HK$85,000/month given past incomes and family support; accordingly interim maintenance of HK$28,000/month (HK$14,000 per child) backdated to 1 December 2022 was ordered and a limited LCP of HK$1,200,000 (payable by 12 monthly instalments of HK$100,000) was awarded as proportionate and sufficient for proceedings to FDR.
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.
17 Mar 2023

CHN v. CCY

Citation

[2023] HKFC 48
Court

Family Court
Case number

FCMC1755/2020

The court excluded the alleged Parental Loans and Trust Money as enforceable liabilities for these proceedings (finding them gifts/soft loans and the supporting documents post‑event and unconvincing); identified total net joint assets of HKD13700232; assessed W’s reasonable monthly need at HKD90,000 (earning capacity HKD130,000) and H’s need at HKD20,000 (earning capacity HKD15–20k); held W’s conduct was not so gross and obvious as to justify departure from equal sharing; awarded H needs-based provision for five years on a clean break (full for two years and half for three years) and converte…
6 May 2022

SRW nee R v. WHF

Citation

[2022] HKFC 99
Court

Family Court
Case number

FCMC6750/2021

On the evidence the Court allowed verified personal expenses of the Husband totalling HK$4,700 per month, found the Wife had capacity to pay given her income and prior payments to the Husband and the disparity of incomes, and ordered the Wife to pay HK$4,700 per month MPS commencing 1 June 2022; interim child maintenance was discharged due to agreed shared care arrangements.
18 Aug 2021

BPL v. BNP formerly known as PN

Citation

[2021] HKFC 168
Court

Family Court
Case number

FCMC11207/2020

Given the parties' circumstances, the court ordered the husband to pay HK$25,000 per month as interim maintenance for the child A, accepted his undertaking to continue to pay As school fees, one ECA per month and medical insurance, declined the wifes additional HK$10,000 monthly claim for herself, and declined to backdate payments because that would impose an intolerable burden on the husband.
9 Feb 2021

SNC v. CCS

Citation

[2021] HKFC 36
Court

Family Court
Case number

FCMC3741/2014

Because the eldest child's overseas boarding placement was arranged unilaterally without the father's express consent or court leave the father is not liable for those overseas education costs; the court discharged the original undertakings and instead ordered periodical payments payable by the respondent for the children calculated on a 50:50 basis, fixing the respondent's contribution at HK$50,000 per month from 1 March 2021, refused to increase accommodation contribution towards petitioner's mortgage, and made a nisi order as to costs (no order if made absolute in 28 days).
17 Aug 2020

LZX v. LWY

Citation

[2020] HKFC 165
Court

Family Court
Case number

FCMC9613/2016

Assessing evidence and applying s.7(2) factors the court adjusted individual expense items, apportioned household/helper costs 50% to child, rejected inclusion of the Husband's access-time expenditures in the computation of the child's reasonable expenses (but took them into account in assessing Husband's ability), found total reasonable child expenses HK$18,101 and ordered Husband to pay 60% = HK$10,860 per month.
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.
8 May 2020

LPYY v. FWHF

Citation

[2020] HKFC 98
Court

Family Court
Case number

FCMP89/2016

The Court found the Father's termination of employment was a material change of circumstances but concluded on the evidence that the Father retained significant financial resources (including his principal residence) and high earning capacity, and had not made full and frank disclosure (adverse inference drawn); the child's reasonable monthly expenses were assessed at HK$29,500 and the periodical maintenance was varied downwards from HK$32,500 to HK$29,500 per month, with variation backdated in principle to the application date and the payment ordered to commence 1 December 2017; no order as…
19 Nov 2019

FHP v. YPY (formerly known as YSL)

Citation

[2019] HKFC 296
Court

Family Court
Case number

FCMC15966/2010

There was a material change in the husband’s financial circumstances (loss of income, cessation of family support, loans and new family responsibilities) and the court must consider the parties’ present needs de novo; accordingly maintenance was reduced in two staged tranches to allow the wife to meet short term obligations (including NC completing A‑levels) but to reflect the husband’s diminished capacity, and the HK$30,000 annual undertaking was discharged.