Read the full judgment text of FCMC 8627/2014 on BabelCite. This Family Court judgment was delivered on 5 November 2020 before 區域法院暫委法官黃瑞珊.
Matrimonial proceedings – Child maintenance – Variation of order – Earning capacity – Public housing application – Costs – Husband's application to reduce maintenance dismissed – Original order maintained – Husband to pay Wife's costs. This was an application by the Petitioner (Husband) to vary child maintenance for two daughters from $10,000 to $2,000 per month. The original order was made in 2016. The Husband claimed he could not afford the original amount due to reduced income. He voluntarily reduced work hours to qualify for public housing. The Respondent (Wife) sought to maintain the original order. The Court applied the Matrimonial Proceedings and Property Ordinance. The Court found the Husband's earning capacity as an ironworker was sufficient to pay the original amount. The Court held that the husband voluntarily reduced his income to qualify for public housing and his earning capacity was around $40,000 per month if he worked as an ironworker. The court found the husband admitted not paying maintenance since 2015. Evidence showed his earning capacity was sufficient. The wife's request was accepted by the court. The husband must pay the wife's costs. The Court considered the principles in AEM v VFM and HCTT v TYYC. The Court found the husband's application lacked merit. The Court ordered the husband to pay the wife's costs. The Court noted the husband's income was $650 per day as a casual driver. The Court noted the husband's previous income was $26,446.80 per month as an ironworker. The Court noted the wife's income was $18,600 per month. The Court noted the children's expenses were $19,000 per month. The Court noted the husband's expenses were $9,093 per month. The Court found the husband had sufficient surplus to pay maintenance.
Legal issues: Application to vary child maintenance · Costs
Outcome: Application to vary child maintenance dismissed; original order maintained.
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