Read the full judgment text of FCMC 009154/2008 on BabelCite. This Family Court judgment was delivered on 16 February 2009 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Maintenance Pending Suit – Interim Maintenance – Quantum – District Court – Matrimonial Proceedings and Property Ordinance Cap 192 s.3 and s.5 – Parties married 1997 with three children – Wife earns HK$24,000 monthly, Husband earns HK$100,000 monthly – Husband has new partner and child – Issue: How much maintenance should husband pay wife and children on interim basis? – Court applies broad-brush basis considering reasonable requirements and ability to pay – Detailed examination of means deferred to final hearing – Parties historically enjoyed comfortable ex-patriate lifestyle in Sai Kung – Court notes lifestyle cannot be maintained with separate households – Husband claims expenses HK$140,000 monthly including HK$62,500 for children – Court allows HK$12,000 for General Expenses and HK$32,000 for Personal Expenses noting partner contribution to rent and domestic helper – Husband's meals out reduced to HK$1,000 and entertainment to HK$1,000 – Tax provision adjusted – Wife claims expenses HK$120,000 monthly – Court allows HK$46,350 for General Expenses and HK$6,000 for Personal Expenses – Utility bills and food bill reduced – School fees HK$17,430 monthly accepted – Additional HK$9,000 allowed for children's other costs – Holding: Husband to pay HK$41,500 per month plus school fees – Orders: Maintenance payment HK$26,500 for wife and HK$5,000 per child, school fees, costs on party and party basis – Court urges mediation.
Legal issues: Maintenance pending suit
Outcome: Maintenance pending suit granted.
Cites 1 case