Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Maintenance for children

  • 26 Sept 2022

    FKYP v. KHYF

    Citation
    [2022] HKFC 196
    Court
    Family Court
    Case number
    FCMC17515/2013

    The Wife's application to postpone sale was dismissed because she failed to demonstrate a new or unexpected change in circumstances or supply expert evidence of a material fall in market value; the court varied the sale order to include practical mechanisms to effect sale where the Wife is uncooperative (appointment of solicitor and single joint expert by the Husband if no agreement, public auction with reserve based on expert estimate, Wife to deliver vacant possession and sign documents or be signed for under s.38A DCO), retained the original division of net proceeds (40% Husband/60% Wife)…

  • 8 Jul 2022

    NKPL v. NSF

    Citation
    [2022] HKFC 140
    Court
    Family Court
    Case number
    FCMC14532/2019

    The court found the Mother credible and that she paid HK$1.5m towards acquisition; on the evidence a common intention constructive trust was inferred from pre-acquisition conduct and later communications, so the Mother holds a 30% beneficial interest in the FMH (subject to the mortgage). Ancillary relief: after valuing assets and needs and securing child maintenance, the matrimonial pot is split 40:60 (Wife:Husband), the Husband must pay the Wife HK$45,764.08 within two months of Decree Absolute, and specified periodical child maintenance orders (initial low level then higher upon Wife rentin…

  • 8 May 2017

    AB v. MA

    Citation
    AB v. MA
    Court
    Family Court
    Case number
    FCMC6310/2015

    Judge found parties separated in or about March 2014 (not January 2013), identified matrimonial assets by broad brush at approximately HK$106,000,000 excluding unvested A3 awards, held fairness required including A3 earnings/benefits earned up to trial in the matrimonial pool and ordered equal division: Wife awarded HK$53,000,000 (her half) with transfer of Husband's DXX holdings and release from W Trust beneficiary status; unvested A3 awards to be shared on a Wells basis at reducing percentages (2014:50%, 2015:25%, 2016:12.5%) as and when they vest; children maintenance and school fees order…

  • 17 Mar 2015

    WSW v. CKU

    Citation
    WSW v. CKU
    Court
    Family Court
    Case number
    FCMC3040/2008

    Judge found parties largely financially independent and that fairness required each to retain their own separately held assets while jointly held properties be sold and proceeds shared equally; found TJ Investment purchase (House T7) included funds held on trust for late husband's beneficiaries and the Wife had rendered inadequate disclosure warranting adverse inference of undisclosed assets notionally assessed; ordered sale of three joint China properties with net proceeds divided equally; ordered child maintenance of HKD 10,000 per child per month backdated to 1 Jan 2009 and set off against…

  • 6 Sept 2005

    CYSL v. LYC

    Citation
    CYSL v. LYC
    Court
    Family Court
    Case number
    FCMC8024/2003

    Applying s.7 MPPO the court found W has realistic earning capacity (at least HK$20,000/month), W's childcare and housing needs justified securing the Matrimonial Home to her; H was found to receive additional undisclosed benefits from family/companies beyond reported salary so was ordered to transfer his interest in the Matrimonial Home subject to mortgage, to pay transfer costs and to pay child maintenance HK$8,500 per child (HK$17,000 total); only nominal spousal maintenance was ordered and no lump sum was awarded.

  • 29 Apr 2005

    NLSP v. NNM

    Citation
    NLSP v. NNM
    Court
    Family Court
    Case number
    FCMC9187/1997

    Applying s.11 and s.7 MPPO and the Court of Appeal direction to assess current means, the court found the husband could reasonably earn about HK$15,000 per month despite illness, did not accept the alleged loans from his sisters as true liabilities (treated transfers as income), and therefore varied the Consent Order: wife's maintenance reduced to HK$1 per annum and child maintenance set at HK$3,000 per child per month effective retrospectively from 15 December 2003; arrears were calculated at HK$81,000 payable within two months; charging order adjourned sine die pending payment; no lump sum…