Read the full judgment text of FCMC 16044/2009 on BabelCite. This Family Court judgment was delivered on 31 March 2016 before HH Judge Bruno Chan.
Matrimonial Causes – Variation of Maintenance Order – Matrimonial Proceedings and Property Ordinance s.11 – Reasonableness of Expenses – Earning Capacity – District Court – Petitioner Wife applied for upward adjustment of monthly maintenance for herself and daughter from HK$65,000 to HK$85,000 citing inflation and increased needs – Respondent Husband disputed reasonableness citing Wife's savings and potential earning capacity – Court found Wife likely earned part-time income averaging HK$8,000 per month and adjusted claimed expenses to reasonable levels – Moving costs excluded as one-off capital expenses – Transport and personal expenses reduced – Daughter's maintenance increased to HK$39,000 per month – Wife's maintenance remained at HK$33,000 per month – No order as to costs as parties unrepresented – Principles of variation require court to consider all circumstances afresh – Wife's earning capacity and undisclosed income relevant to financial needs assessment
Legal issues: Variation of maintenance order · Reasonableness of Wife's claimed expenses · Wife's earning capacity and undisclosed income · Apportionment of expenses between Wife and Daughter
Outcome: Application for variation of maintenance order partially allowed
Cites 1 case