Read the full judgment text of FCMC 9713/2011 on BabelCite. This Family Court judgment was delivered on 22 March 2022 before Deputy District Judge Peter Barnes.
Matrimonial Causes – Variation of Maintenance – Change in Circumstances – Earning Capacity – Backdating of Order – District Court – Petitioner applied to vary 2014 maintenance orders citing financial hardship and failed investments – Respondent opposed citing Petitioner's under-utilisation of earning capacity and her own health issues – Court found Petitioner's ability to pay reduced significantly but Respondent's earning capacity limited – Spousal maintenance suspended then nominal – Child maintenance suspended then reduced – No order as to costs – Matrimonial Proceedings and Property Ordinance (Cap. 192) s.11 – AEM v VFM (Variation of Maintenance) [2008] 3 HKLRD 36
Legal issues: Variation of spousal maintenance · Variation of child maintenance · Backdating of variation · Earning capacity
Outcome: Application to vary maintenance granted in part. Spousal maintenance suspended then nominal. Child maintenance suspended then reduced.