Read the full judgment text of FCMC 10251/2011 on BabelCite. This Family Court judgment was delivered on 28 June 2013 before Deputy District Judge PANG.
Maintenance Pending Suit – Matrimonial Proceedings and Property Ordinance – Reasonableness – Standard of Living – Ability to Pay – Costs – Parties married in 2002, cohabited in PRC, long-distance relationship between Hong Kong and US from 2004 to 2011, wife returned 2011, separation disputed between Jan 2008 and July 2011 – Wife applied for MPS for herself and child, interim order $45,000/month – Disputes over Royal Palms property habitability and wife's financial disclosure including PRC property and F&Co shares – Court considered standard of living, wife and child's needs, husband's ability to pay – Whether MPS amount reasonable, whether husband able to pay, costs allocation – Court found parties maintained above-average living standard, wife's expenses reasonable at $52,310/month, husband able to pay via salary and loans – MPS granted at $52,310/month from April 2013, outstanding MPS payable in instalments – Wife pays husband's costs of 19 November 2012 hearing, husband pays wife's costs of this application – Case law TL V ML & Ors [2006] 1 FLR 1263, C v F [2006] HKFLR 41 applied – Court emphasized broad brush approach for MPS, discretion subject to reasonableness – Husband's financial resources included salary, loans, and family business arrangements – Wife's financial position assessed as dependent housewife with no undisclosed assets for present purpose – Property dispute resolved by accepting husband's proposal to lease property and pay rent – Child's expenses included tuition, medical, and extracurricular activities – Court balanced parties' needs against husband's ability to pay – Final order ensures comparable standard of living to marriage period – Wife's credit card spending averaged $5,000/month during marriage – Husband's monthly expenses exceeded income due to interim MPS – Court rejected husband's claim of inability to pay despite borrowing – Costs order reflects conduct of parties regarding amendments and offers – Section 3 and 5 of MPPO Cap.192 applied – Sole criterion is reasonableness synonymous with fairness – Court considered all factors including standard of living and ability to pay.
Legal issues: Calculation of reasonable MPS amount · Husband's ability to pay · Allocation of costs
Outcome: MPS granted at $52,310 per month from April 2013. Husband pays outstanding MPS in instalments. Costs ordered.