Read the full judgment text of FCMC 014086/2009 on BabelCite. This Family Court judgment was delivered on 26 March 2010 before Her Honour Judge Sharon D. Melloy.
Matrimonial law – maintenance pending suit – interim maintenance for children – ability to pay – broad-brush approach – costs – District Court – Matrimonial Proceedings and Property Ordinance Cap 192 s.3 – The Petitioner wife applied for maintenance pending suit and provision for two children following the husband’s unreasonable behaviour. The parties married in 1988 and have a five-year-old son and a two-and-a-half-year-old daughter. The wife sought HK$102,900 per month plus rent and school fees, while the husband’s net income was approximately HK$200,000 per month. The central issue was determining the appropriate amount of maintenance pending suit and interim maintenance for the children, bearing in mind the husband’s ability to pay. The court applied a broad-brush approach under s.3 of the Matrimonial Proceedings and Property Ordinance Cap 192, balancing the wife’s immediate reasonable requirements against the husband’s financial capacity. The court assessed the wife’s claimed expenses for general, personal, and children’s categories, allowing specific amounts for household expenses, personal grooming, holidays, and children’s extra-curricular activities. The husband undertook to pay rent, school fees, and medical expenses. The court allowed a total of HK$65,000 per month for maintenance pending suit and interim maintenance, plus undertakings for rent and school fees, resulting in total monthly support exceeding HK$110,000. The court noted this amount was lower than claimed but reasonable given the husband’s income. Regarding costs, the court found neither party entirely won nor lost. The final order was for maintenance pending suit and interim maintenance at HK$65,000 per month plus undertakings for rent and school fees, with no order as to costs. The wife claimed HK$23,700 for general expenses including a domestic helper and club membership. For personal expenses, the court allowed HK$20,000 including holidays and miscellaneous items. For children, the court allowed HK$21,100 covering school fees, extra-curricular activities, holidays, and psychological sessions. The husband’s base salary was US$400,000 per annum with a guaranteed bonus of US$600,000. The court accepted the husband’s undertaking to pay rent of HK$35,000 per month inclusive of management fees. The court also accepted the undertaking to pay school fees and reimburse medical expenses. The court allowed HK$5,700 per month for a live-out domestic helper and HK$2,500 for the Discovery Bay Club. For holidays, the court allowed HK$4,500 per month for the wife and HK$4,500 per month for the children. The court allowed HK$7,600 per month for children’s extra-curricular activities and HK$4,000 per month for the son’s psychological sessions. The court noted that any under or over payment may be rectified at a final ancillary relief hearing. The court was satisfied that the order would afford the wife a reasonable standard of living in keeping with that enjoyed during the course of the marriage pending a final hearing or agreement.
Legal issues: Maintenance pending suit and interim maintenance for children · Costs
Outcome: Application for maintenance pending suit and interim maintenance for children allowed. Total maintenance HK$65,000 per month plus undertakings for rent and school fees. No order as to costs.