Read the full judgment text of FCMC 7911/2017 on BabelCite. This Family Court judgment was delivered on 18 September 2019 before Her Honour Judge Sharon D. Melloy.
Family law – Matrimonial Causes – District Court – Interim maintenance application pursuant to section 5 of the Matrimonial Proceedings and Property Ordinance Cap 192 – Assessment of reasonable needs of child N aged 5 years – Husband employed in London earning GBP80,000 per annum – Wife employed in Hong Kong earning HK$32,000 per month – Wife claimed HK$30,250 per month maintenance plus HK$6,000 furniture – Husband offered HK$3,000 per month – Court applied broad-brush approach and adjusted wife's budget for household and child expenses – Husband's ability to pay assessed based on earned income excluding French properties – Court ordered husband to pay HK$18,500 per month interim maintenance with effect from 1 October 2019 – No backdating of payments – Costs order made on party and party basis – First Appointment adjourned to 5 November 2019 – Principles from HJFG v KCY (CACV 127/2011) applied regarding fairness and marital standard of living – Court noted difficulties in evidence regarding French properties and proceeded on earned income only – Husband's expenses in London reviewed and deemed capable of rearrangement to meet maintenance obligation.
Legal issues: Quantum of interim maintenance · Reasonableness of expenses · Husband's ability to pay
Outcome: Husband ordered to pay interim maintenance of HK$18,500 per month. Costs order made. First Appointment adjourned.
Cited by 1 case · Cites 2 cases