Read the full judgment text of FCMC 13891/2017 on BabelCite. This Family Court judgment was delivered on 8 June 2018 before Deputy District Judge PANG.
Maintenance Pending Suit – Matrimonial Proceedings and Property Ordinance – Reasonableness – Third-party support – Financial disclosure – Wife's needs assessed at $44,160 per month – Husband's ability to pay based on father's bounty – Costs reserved – Parties married in 1995 in Canada with no children – Wife petitioned for divorce on 25 October 2017, pleading lived apart since November 2009 – Husband filed Form 4 not defending but disputed separation date – Wife applied for maintenance for November 2017 to January 2018 and future monthly payments – Wife claimed monthly expenses of $124,880 including rent $35,000, mortgage $14,680, utilities, food, household, car, domestic helper, personal grooming, insurance, and tax – Wife had bank accounts over $2 million, insurance policies cash value $1.85 million, investment property net value $3.6 million – Wife inherited property from father sold in 2015 for $3.3 million – Husband helped father in toys business, father retired 2012 sold shares for $100 million – Husband managed family funds, claimed held on trust for father – Husband received monthly allowance $50,000 from father – Court applied principles from TL v ML & Ors and KEWS v NCHC regarding reasonableness and third party assistance – Court held insufficient evidence father terminated support – Court assessed Wife's reasonable needs at $44,160 per month after deducting income and non-recurring costs – Husband ordered to pay arrears of $132,480 for November 2017 to January 2018 – Monthly maintenance set at $44,160 from 1 February 2018 until further order – Costs of application reserved for substantive hearing of ancillary relief proceedings – Legal principles from Rayden and Jackson's Matrimonial Finance applied regarding unfettered discretion and voluntary allowances.
Legal issues: Assessment of Wife's reasonable needs · Husband's ability to pay
Outcome: MPS application granted. Husband ordered to pay arrears and monthly maintenance.
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