Read the full judgment text of FCMC 3438/2017 on BabelCite. This Family Court judgment was delivered on 11 January 2018 before Her Honour Judge Sharon D. Melloy.
Matrimonial Proceedings and Property Ordinance – Interim maintenance – Quantum – Backdating – Costs – District Court – Wife applied for interim maintenance for two children aged 13 and 16 pursuant to section 5 of the Matrimonial Proceedings and Property Ordinance Cap 192 – Parties married January 1992, divorce petition issued March 2017 based on two years separation – Husband income HK$75,000 per month, Wife income HK$105,452 per month – Wife sought HK$12,000 per month per child, Husband offered HK$3,000 per month per child – Husband claimed rent HK$10,000 per month not supported by evidence – Court calculated reasonable needs of boys at HK$39,000 per month – Whether reasonable maintenance amount – Whether to backdate – Whether costs order appropriate – Court held maintenance should be HK$11,000 per child per month based on 45% share of expenses – Court held no backdating due to intolerable financial burden on husband given tax liability – Court held Petitioner to pay 50% of Respondent's costs on party and party basis – Maintenance HK$11,000 per child/month from 1 Feb 2018 – No backdate – School trip costs HK$15,900 – Petitioner pays 50% Respondent costs
Legal issues: Quantum of interim maintenance · Backdating of maintenance · Costs
Outcome: Interim maintenance granted at HK$11,000 per child per month from 1 February 2018; no backdating; school trip costs HK$15,900; Petitioner to pay 50% of Respondent's costs.
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