Read the full judgment text of FCMC 237/2013 on BabelCite. This Family Court judgment was delivered on 9 October 2015 before Deputy District Judge G. Own.
Matrimonial Causes – Maintenance Pending Suit – Reasonableness – Broad Brush Approach – Earning Capacity – Ability to Pay – Illegal Structures Income – Costs – The Court determined whether the Husband should pay maintenance pending suit on an interim basis. The Court held it is reasonable for the Husband to pay HK$4,800 monthly. The Court found the Wife has earning capacity but needs maintenance for immediate needs. The Court adjusted the Husband's budget and rejected the illegality argument regarding rental income for ability to pay purposes. No order as to costs.
Legal issues: Maintenance pending suit application · Reasonable and immediate needs of the Wife · Ability to pay by the Husband · Wife's earning capacity · Costs
Outcome: Maintenance pending suit granted at HK$4,800 per month
Cites 1 case