Read the full judgment text of FCMC 6640/2015 on BabelCite. This Family Court judgment was delivered on 22 February 2017 before Deputy District Judge PANG.
Matrimonial Causes – Maintenance Pending Suit – Reasonable Needs – Ability to Pay – Matrimonial Proceedings and Property Ordinance Cap.192 – District Court – Parties married in Canada in June 2013 with one child born January 2015 – Wife petitioned for divorce May 2015 and applied for Maintenance Pending Suit November 2016 – Wife claimed arrears of $350,078.69 and $40,000 monthly – Husband income $20,000 monthly – Court assessed reasonable needs at $25,500 monthly after reducing wife's claimed expenses from $69,400 – Wife unemployed but alleged resources from Ramen Shop sale and property proceeds disputed – Court found wife's claim of using $5.2 million excessive – Husband able to pay $10,000 monthly after considering his expenses and grandfather loan – Order made for $10,000 monthly MPS backdated to 8 December 2016 – Shortfall of $75,000 to be paid in 15 monthly instalments of $5,000 – Costs reserved pending substantive hearing – Court applied broad-brush approach and left detailed financial issues for substantive hearing – Wife claimed comfortable living standard with rent $26,500 and domestic helper – Court noted husband's father previously contributed $1.5 million – Court disallowed car expenses due to wife's convertible and husband's financial difficulty – Court allowed school fees at $7,000 and medical at $3,000 for child – Court accepted wife's fulltime care required due to child's separation anxiety – Court noted husband's income ranging $15,000 to $25,000 per month – Court allowed wife's personal expenses at $2,000 and general expenses at $9,000 – Court reserved costs due to continuing disputes on resources and needs – Law governed by section 3 and 5 of MPPO Cap.192 – Court cited TL V ML & Ors [2006] 1 FLR 1263 regarding reasonableness and fairness – Court cited C v F [2006] HKFLR 41 regarding standard of living and ability to pay – Court cited K v K (CACV 80/2010) regarding disbelief of affidavit evidence – Court found wife's claim for $10,000 pocket money during marriage accepted – Court found husband's contribution from Ramen Shop profits disputed – Court found husband's personal savings of $2 million disputed – Court ordered husband to pay shortfall of $75,000 in 15 equal monthly instalments.
Legal issues: Reasonable needs of wife and child · Wife's ability to pay · Husband's ability to pay
Outcome: MPS application granted in part. H ordered to pay $10,000 per month.
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