Read the full judgment text of FCMP 147/2012 on BabelCite. This FCMP judgment was delivered on 17 July 2020 before His Honour Judge I Wong.
Child maintenance – Guardianship of Minors Ordinance – Issue estoppel – Financial resources – Carer's allowance – Backdating – Maintenance order – Jurisdictional dispute – Mainland proceedings – Property dispositions – Earning capacity – Best interests of child – Lump sum order – Periodical payments – Costs. Mother applied for maintenance for daughter G born out of wedlock. Father challenged jurisdiction in Hong Kong and Mainland courts. Court of Final Appeal confirmed Hong Kong jurisdiction. Court held Mainland Maintenance Order did not create issue estoppel barring further claim. Father's financial resources assessed including disposed properties and joint accounts. Mother's financial resources assessed including loans from sister. Court awarded carer's allowance to mother. Maintenance backdated to date of application. Father ordered to pay 60% of G's needs. Lump sum and periodical payments ordered.
Legal issues: Issue Estoppel · Father's Financial Resources · Mother's Financial Resources · G's Financial Needs · Carer's Allowance · Backdating · Amount Payable
Outcome: Mother's application granted; Father ordered to pay lump sum and periodical maintenance.
Cited by 2 cases · Cites 4 cases