Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Means and needs assessment

  • 27 Jun 2023

    LKM v. LWC

    Citation
    [2023] HKFC 124
    Court
    Family Court
    Case number
    FCMC6076/2022

    Applying the MPPO and established authorities the court conducted a broad‑brush assessment of immediate reasonable needs and the Husband's means, calculated the Wife's and Child's monthly needs at HK$50,812 against the Wife's income plus existing child maintenance of HK$44,000, found a monthly shortfall of HK$6,812 and ordered the Husband to pay monthly MPS of HK$6,812 (commencing 1 July 2023), maintained child interim at HK$15,000 per month, and ordered backdated payments for the periods identified (MPS 1 April 2022–30 June 2023 and child difference 1 April 2022–31 October 2022) with specifi…

  • 1 Jun 2023

    張 對 李

    Citation
    [2023] HKFC 147
    Court
    Family Court
    Case number
    FCMC2786/2019

    Applying Cap.192 s11(7) and the broad‑brush approach, the court accepted some increases in specific items (domestic helper, tutoring/extracurricular, childcare), corrected and reconciled Form E figures, fixed the child's reasonable monthly expenditure at HKD11,200 and ordered the husband to pay half (HKD5,600) per month from 1 July 2023; the variation was justified and affordable to the husband.

  • 16 Nov 2021

    丘 對 張

    Citation
    [2021] HKFC 231
    Court
    Family Court
    Case number
    FCMC316/2018

    On the provisional assessment the husband’s reliable monthly income for the foreseeable future is about HK$25,000; the wife’s reasonable monthly needs are assessed at HK$16,500 and her income at HK$9,000, producing a shortfall of approximately HK$7,500 which the husband can afford; husband’s exaggerated expenses and incomplete/incorrect disclosure reduced his credibility; therefore an interim maintenance order for HK$7,500 per month is appropriate until further order.

  • 18 Sept 2019

    MJB v. RB

    Citation
    [2019] HKFC 244
    Court
    Family Court
    Case number
    FCMP106/2017

    Judge assessed disclosed incomes and budgets, reduced the wife's claimed household and child expenses to reasonable levels (child needs assessed at HK$16,000/month), apportioned household and child costs on a 60:40 split (husband 60%), and concluded the husband can afford short term provision; ordered interim maintenance of HK$18,500 per month payable from 1 October 2019, refused to backdate payments and refused the additional HK$6,000 lump sum for furniture, and made an order nisi for costs.

  • 21 Aug 2018

    CLK v. YFMS

    Citation
    [2018] HKFC 138
    Court
    Family Court
    Case number
    FCMC8081/2014

    Court found a material change in the wife’s circumstances justifying variation but after broad‑brush assessment of needs and means allowed a modest increase: varied MPS from HK$5,000 to HK$8,000 per month effective 20 June 2017 and ordered a limited costs provision of HK$480,000 payable as HK$40,000 per month toward litigation up to the FDR, because the wife lacked means to fund representation to FDR yet the husband retained capacity to meet those obligations given available/potential resources.

  • 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.

  • 4 May 2017

    梁 對 梁

    Citation
    梁 對 梁
    Court
    Family Court
    Case number
    FCMC15046/2013

    On credibility and financial analysis the court found the applicant had understated income and hidden assets and was capable of paying at least HK$1,000 monthly; accordingly the consent order was varied to reduce child maintenance from HK$2,000 to HK$1,000 per month, retrospective to 29 February 2016.

  • 18 Jan 2017

    李 對 麥

    Citation
    李 對 麥
    Court
    Family Court
    Case number
    FCMC14283/2014

    Court found applicant's oral evidence on income and medical incapacity inconsistent and insufficiently supported by documentary evidence, concluded applicant retained work capacity and that realistic household needs supported reducing the two younger children’s joint maintenance from HK$3,000 to HK$1,000 per month (HK$500 each) effective 1 September 2016; therefore the consent order was varied accordingly.

  • 8 Jul 2014

    NAV v. JTMW

    Citation
    NAV v. JTMW
    Court
    Family Court
    Case number
    FCMC4191/2012

    Application dismissed because the petitioner failed to make full and frank disclosure of her financial position and the court was satisfied she had other undisclosed sources of income; additionally the respondent was on sick leave and in overall deficit and therefore lacked means to meet the maintenance claim.

  • 22 Jun 2009

    JEL v. ZM

    Citation
    JEL v. ZM
    Court
    Family Court
    Case number
    FCMC14025/2008

    On the facts the judge found the wifes adjusted monthly needs just over HK$20,000 and her own income approximately HK$8,700; the husbands assessed income including bonus and rental was about HK$134,000 with outgoings about HK$126,000; on a broad-brush assessment the husband can reasonably afford HK$12,000 per month; therefore the interim order of 30 March 2009 continuing payment of HK$12,000 per month on the first day of each month pending further order was appropriate and was continued; costs reserved for later determination.