LZT ...RESPONDENT LAIN-LAIN YWS ...PETITIONER

LZT ...RESPONDENT LAIN-LAIN YWS ...PETITIONER

Court found a material change in circumstances based on the combination of the respondent company's continued losses reducing the husband's income and the petitioner's receipt of over RM4 million post-Decree Nisi such that it was reasonable to reduce the monthly cash child maintenance from RM10,000 to RM4,000 (RM2,000 per child) while retaining the respondent's obligation for education, medical and dental expenses; respondent's disclosure and oral examination were adequate.

Citation
WA-33-570-09/2016 (Mahkamah Tinggi)
Parties
Petitioner: YWS; Respondent: LZT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 January 2020
Case Number
WA-33-570-09/2016 (Mahkamah Tinggi)
Procedural Posture
Divorce (family Division) / Variation Application (child Maintenance) Judgment
Outcome
Application allowed in part; Decree Nisi varied to reduce child maintenance.
Legal Topics
Child Maintenance, Variation of Maintenance Order, Material Change in Circumstances, Financial Disclosure, Consent Orders, Maintenance Liability of Parents
Source Language
Malay/English
Family Law Company Law Civil Procedure Child Maintenance Variation of Maintenance Order Material Change in Circumstances Financial Disclosure Consent Orders +1 more

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Parties

YWS

Petitioner

LZT

Respondent

Procedural Posture

Divorce (family Division) / Variation Application (child Maintenance) Judgment

Legal Issues

  1. 1 Whether there has been a material change in circumstances to vary the Decree Nisi maintenance order
  2. 2 Whether the respondent husband's company losses affected his means to pay maintenance
  3. 3 Whether the petitioner mother, having received proceeds >RM4m, should share maintenance costs

Ratio Decidendi

Court found a material change in circumstances based on the combination of the respondent company's continued losses reducing the husband's income and the petitioner's receipt of over RM4 million post-Decree Nisi such that it was reasonable to reduce the monthly cash child maintenance from RM10,000 to RM4,000 (RM2,000 per child) while retaining the respondent's obligation for education, medical and dental expenses; respondent's disclosure and oral examination were adequate.

Court Disposition

Application allowed in part; Decree Nisi varied to reduce child maintenance.

Orders

  • Clause 4 of the Decree Nisi amended: respondent to pay RM2,000 per month for each child (total RM4,000 per month) payable on the 1st of each month until each child reaches 18 years
  • Respondent remains responsible for the children’s education, medical and dental expenses (and insurance premiums as previously ordered)