Read the full judgment text of FCMC 118/2013 on BabelCite. This Family Court judgment was delivered on 4 April 2014 before Deputy District Judge A. N. Tse Ching.
Matrimonial Causes – Variation of Interim Maintenance – Matrimonial Proceedings and Property Ordinance s.11 – Child Maintenance – Standard of Living – Financial Disclosure – Reasonableness – The Court considered an application by the Wife (Petitioner) to vary an existing interim maintenance order from $1,500 to $15,000 per month for the child of the family. The Court applied the principle of reasonableness and fairness under section 5 and section 11 of the Matrimonial Proceedings and Property Ordinance Cap 192. The Court examined the marital standard of living prior to separation, which included private housing, domestic helper, luxury cars, and significant jewelry and watch collections. The Husband (Respondent) claimed inability to pay but admitted access to company profits owned largely by his mother. The Court found the Husband failed to make full and frank disclosure of his financial resources, specifically regarding company profits and cash withdrawals ranging from $85,000 to $277,000 monthly. The Court made robust assumptions that the Husband had access to sufficient funds to support the child's needs consistent with the previous standard of living. Held: The variation was granted; the Husband must pay HK$15,000 per month interim maintenance and the Wife's costs taxed on a party and party basis.
Legal issues: Variation of interim maintenance order
Outcome: Application for variation of interim maintenance granted. Respondent ordered to pay HK$15,000 per month.
Cites 2 cases