Read the full judgment text of FCMC 5026/2015 on BabelCite. This Family Court judgment was delivered on 8 September 2017 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Maintenance Pending Suit – Maintenance Pending Suit Ordinance (Cap 192) s.3 – Reasonable and fair – Joint and several liability – Children's expenses – School fees – Therapy costs – Costs – Petitioner wife unemployed starting business – Respondent husband claims debt – Court orders parties to share major expenses equally given 50:50 care arrangement – No order as to costs – Application by Petitioner wife for maintenance pending suit to cover reasonable living costs of Petitioner and children including school fees and play therapy costs – Petitioner claims liquidated assets and unemployed while setting up new business C Ltd – Respondent husband claims Petitioner has access to significant funds and he is in debt but admits paying for children when in his care – Court notes previous orders for joint custody and shared care on 2/2/5/5 basis – Court applies Section 3 MPPO Cap 192 principle that order should be reasonable in all circumstances – Court finds parties have earning capacity and should maximize it to provide for children – Court orders parties jointly and severally liable for children's expenses including school fees, medical dental expenses, therapy costs, school trips and camps – School bus costs to be borne by party with children in their care – Husband undertakes to pay half of children's school fees – No order as to costs made absolute in 14 days
Legal issues: Maintenance pending suit application · Costs of application
Outcome: Application dismissed in part; parties jointly and severally liable for children's expenses; no order as to costs.
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