Read the full judgment text of FCMC 1678/2013 on BabelCite. This Family Court judgment was delivered on 11 July 2014 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Maintenance pending suit – Interim maintenance for children – Reasonableness of needs – Ability to pay – District Court – Matrimonial Proceedings and Property Ordinance Cap 192 s.3 and s.5 – Husband applied for maintenance pending suit claiming destitution – Wife earns HK$47,290 per month – Husband received CSSA – Court assessed husband's reasonable needs – Wife ordered to pay HK$4,800 per month – Application for children's maintenance dismissed as misconceived – Plumber costs allowed – Costs reserved. The Respondent husband applied for maintenance pending suit for himself pursuant to section 3 of the Matrimonial Proceedings and Property Ordinance Cap 192 and interim maintenance for the two children pursuant to section 5. The husband claimed he was destitute with no means to support himself, although he was subsequently granted CSSA. The wife, who earns HK$47,290 per month, resists the application, arguing the husband has earning capacity and has not made full disclosure. The husband claimed HK$9,000 per month for himself and HK$5,800 per month for the children. The court applied a broad-brush approach, balancing the husband's immediate reasonable requirements against the wife's ability to pay. The court found that the husband's application for interim maintenance for the children was misconceived given his limited access arrangements and the wife's responsibility for their costs. The court ordered the wife to pay maintenance pending suit of HK$4,800 per month from 1 August 2014 and HK$1,000 for plumber assistance. Costs were reserved. The court noted that any overpayment or underpayment could be rectified at the final ancillary relief hearing.
Legal issues: Maintenance pending suit for husband · Interim maintenance for children · Plumber assistance costs
Outcome: Application for maintenance pending suit granted in part; application for children's maintenance dismissed.
Cites 1 case