Read the full judgment text of FCMC 2862/2005 on BabelCite. This Family Court judgment was delivered on 15 July 2015 before 區域法院暫委法官陳玉芬.
Civil law – maintenance – child support – variation of order – costs – Matrimonial Proceedings and Property Ordinance – District Court – Wife's maintenance application dismissed; Child maintenance awarded; Costs ordered. The case involved an application by the wife to vary the maintenance order from $1 per year to $2,000 per month and to seek child support for two children. The husband was absent from the trial. The court found the wife's income sufficient for her personal expenses but insufficient for the children's needs. The husband's income was found to be $23,000 per month. The husband's debt claims were rejected. The court awarded child maintenance of $5,000 per month. The husband was ordered to pay 50% of the wife's costs. The wife's own costs were to be assessed under Legal Aid Rules. The marriage lasted 7 years with two children. The previous order was $1 per year alimony. The wife's income was low, while the husband claimed various incomes. The court found the husband's income credible at $23,000 per month. The husband's conduct was unreasonable in resisting child maintenance. The husband spent money on gambling and lifestyle while resisting support. The children's expenses were $7,644/month, wife's income insufficient. The trial was scheduled for 2 days. The husband was absent. The court proceeded in his absence. Evidence was reviewed regarding income and debt. Judgment was delivered on the same day.
Legal issues: Variation of Wife's Maintenance · Child Maintenance · Costs
Outcome: Wife's maintenance application dismissed; Child maintenance awarded; Costs ordered