Read the full judgment text of FCMC 11163/2019 on BabelCite. This Family Court judgment was delivered on 9 January 2023 before Deputy Judge R. Chow.
Matrimonial Causes – Interim Maintenance – Children of the Family – Ability to Pay – Non-Disclosure – Reasonable Needs – Costs – District Court – Deputy Judge R. Chow – FCMC 11163/2019 – Petitioner Husband (H) and Respondent Wife (W) – Two daughters C and N – Separation 2015 – H petitioned divorce 2019 – C completed Bachelor degree 2021 – N completed secondary school 2021 – W applied for interim maintenance for both daughters – H claimed unemployment and financial hardship – H alleged material non-disclosure of PRC property – Court drew adverse inference against H regarding ability to pay – W had made contribution via providing home in HK – Maintenance for C disallowed as she finished first degree – Maintenance for N allowed reflecting reasonable needs – Lump sum allowed for N for August and September 2021 – No order as to costs – Matrimonial Proceedings and Property Ordinance Cap.192 s.5 and s.7(2) – HJFG v KCY [2012] 1 HKLRD 95 – LAML v TCCY (unrep.; CACV 75/2004) – KS and YP, FCMC 2649/2016 – Interim monthly maintenance £5,192 for N – Lump sum £3,140 for N – H unable to pay claimed but loans considered financial resources – W earning HK$61,415 per month – H business ceased 2017 – H sold factory for HK$3 million – H indebted HK$1.8 million – W incurred debt HK$1.5 million – H paid HK$123,500 monthly previously – Broad brush approach applied – No order as to costs of Respondent's Summons filed on 27 August 2021
Legal issues: H's Financial Capability and Disclosure · W's Obligation to Maintain · C's Education Expenses · N's Education Expenses · Lump Sum for Past Expenses · Costs
Outcome: Interim maintenance for C disallowed; Interim maintenance for N allowed £5,192/month; Lump sum £3,140 allowed for N; No order as to costs.
Cites 2 cases