Read the full judgment text of FCMC 82/2018 on BabelCite. This Family Court judgment was delivered on 8 March 2021 before Deputy District Judge Lam Mei Si.
Matrimonial Proceedings – Ancillary Relief – Variation of Maintenance Orders – Income and Earning Capacity – Needs Assessment – Credibility of Financial Disclosure – Matrimonial Proceedings and Property Ordinance (Cap 192) s.7 – The court considered an application by the husband to vary maintenance orders due to a drop in income. The court assessed the husband's earning capacity at $19,000 per month post-trial despite his current income of $17,000. The wife's claimed expenses were found to be exaggerated, and her claimed debts were unsubstantiated. The court varied the wife's maintenance to $1,600 retroactively and $3,600 prospectively, while maintaining child maintenance at $4,000 each. Costs were not awarded. – Husband's application partially granted; Wife's application partially granted.
Legal issues: Variation of maintenance orders · Assessment of earning capacity · Credibility of financial disclosure
Outcome: Husband's application to reduce maintenance partially granted; Wife's application for maintenance partially granted. Maintenance for wife reduced retroactively from March 2019, then increased prospectively. Child maintenance maintained.