Read the full judgment text of FCMC 7911/2010 on BabelCite. This Family Court judgment was delivered on 14 March 2011 before Her Honour Judge Sharon D. Melloy.
Matrimonial Causes – Maintenance pending suit – Matrimonial Proceedings and Property Ordinance Cap 192 s. 3 – Lump sum deduction – Costs – District Court – Parties married 2002 separated 2009 with one son – Husband transferred US$300,000 at separation – Husband seeks deduction of monthly maintenance from this sum citing loan repayment to sister – Whether maintenance should be deducted from US$300,000 – Whether domestic helper salary paid to wife – Whether maintenance backdated – Deduction rejected as no evidence communicated intent at time of transfer and loan argument late – Helper salary to wife due to payment difficulties – No backdating ordered – Husband ordered to pay HK$46,000 monthly maintenance – Costs 50% party and party
Legal issues: Deduction from Lump Sum · Domestic Helper Salary · Household Expenses · Backdating Maintenance · Costs
Outcome: Maintenance pending suit granted; Husband ordered to pay monthly maintenance directly; Costs order made.