Read the full judgment text of FCMC 11251/2017 on BabelCite. This Family Court judgment was delivered on 26 July 2018 before His Honour Judge I Wong.
Matrimonial Causes – Maintenance Pending Suit – Reasonableness – Financial Disclosure – Earning Capacity – District Court – Petitioner wife applied for maintenance pending suit – Parties married in 2012 with no children – Petitioner claimed dependency on Respondent – Respondent claimed unemployment and inability to pay – Court considered Matrimonial Proceedings and Property Ordinance Cap. 192 s.3 – Principles from HJFG v. KCY [2012] 1 HKLRD 95 applied – Court found Respondent failed to give full and frank disclosure of financial affairs – Unusual fund movements and inflated expenses noted – Respondent deemed to have normal working capacity despite medical condition – Maintenance amount of $8,000 monthly held reasonable – Order made for monthly payments back-dated to December 2017 – Arrears of $64,000 ordered to be paid within 14 days – Costs awarded to Petitioner.
Legal issues: Reasonableness of maintenance pending suit amount · Respondent's financial disclosure and earning capacity
Outcome: Application for maintenance pending suit granted.