Read the full judgment text of FCMC 791/2016 on BabelCite. This Family Court judgment was delivered on 31 July 2020 before District Judge S LO.
Matrimonial Causes – Variation of Maintenance Order – Children’s Expenses – Payment-In – District Court – Petitioner wife applied for upward variation of interim maintenance order made by DDJ D Cheung on 19 April 2017 against respondent husband – Parties have two children, son aged 19 studying in Canada and daughter aged 15 in Hong Kong – Matrimonial home sold in June 2018 with net proceeds of $11,505,311.47 paid into court as security for maintenance pending suit – Husband failed to honor undertaking to provide medical and dental insurance or make maintenance payments – Wife made several applications for release of funds from Payment-In account – Court applied principles from AFM v VFM [2008] HKFLR 106 and section 11 of Matrimonial Proceedings and Property Ordinance (Cap. 192) – Modern approach requires court to consider all circumstances and look at matter afresh rather than re-fixing amount proportionally – Son’s expenses assessed on broad brush approach including air tickets $31,000, food $127,750, transport and books $12,000, clothing and pocket money $36,000 totaling $206,750 per year or $17,230 per month – Daughter’s expenses assessed including rent $25,000, utilities $2,500, domestic helper $4,210, food and household $7,000, other $1,000 totaling $39,710 per month divided by two for daughter’s share $19,855 plus school fees $13,833 and other expenses $22,859.8 rounded to $42,720 – Court ordered release of $403,200 from court for period 1 September 2019 to 31 August 2020 covering husband’s liability – Monthly payments of $17,230 for son and $42,720 for daughter to be released from court from 1 September 2020 until further order – University fees paid annually upon invoice – Original order against husband discharged or varied so he does not have to pay interim maintenance – No order as to costs as both parties unrepresented – Court encouraged parties to try mediation for full settlement of ancillary relief matters – Court noted basis and intended effect of original order are relevant factors – Husband claimed inability to pay so funds to be paid from Payment-In which are family assets – Wife could not produce documentary proof for son’s expenses in Canada apart from air tickets and university fees – Court reduced general expenses for daughter’s accommodation and utilities – Court accepted parties agreed expenses would be shared equally
Legal issues: Variation of Maintenance Order · Assessment of Children's Expenses · Release of Funds from Payment-In · Costs
Outcome: Application granted; maintenance order varied; husband's liability discharged; funds released from court.
Cited by 1 case