Read the full judgment text of FCMC 2256/2005 on BabelCite. This Family Court judgment before Bruno Chan.
Matrimonial Causes – Variation of Maintenance Order – Child Maintenance – Financial Circumstances – Consent Order – Agreement to Share Expenses – Disparity of Income – Unfettered Discretion – Backdating of Order – Dental Expenses – Costs – Petitioner Wife seeks increase of maintenance for son from HK$10,000 to HK$15,000 per month. Husband earns HK$66,000+ per month, Wife earns HK$10,000 per month. Son's expenses increased to over HK$27,000 per month. Husband alleged agreement to share expenses equally. Whether there was an agreement to share son's expenses equally – No; court not persuaded due to income disparity and lack of evidence. What should be Husband's contribution – Yes; based on current means and son's needs. Whether increase can be backdated – Yes; from summons date. Maintenance increased to HK$15,000/month from 4 Feb 2011, rising to HK$16,500 from 4 Sep 2011. Dental claim adjourned sine die. Costs to Petitioner.
Legal issues: Agreement to share maintenance equally · Quantum of maintenance · Backdating and additional claims
Outcome: Application allowed; maintenance increased.