W v W

CourtFamily Court (Hong Kong)
Judgment Date25 Jun 2007
Judgement NumberFCMC3076/1991
SubjectMatrimonial Causes
FCMC003076/1991 W v. W

FCMC3076/1991

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MATRIMONIAL CAUSES NO. 3076 OF 1991

______________________

BETWEEN

W Petitioner
(Judgment Creditor)
and
W Respondent
(Judgment Debtor)

______________________

Coram : HH Judge Melloy in Chambers (Not open to public) and in Court

Dates of Hearing : 11, 12 and 25 June 2007

Date of Delivery of Judgment : 25 June 2007

______________________

J U D G M E N T

______________________

1. There are 4 applications before me this afternoon. An application by the petitioner wife, that an order for the children of the family dated 19th November 1991 to be varied upwards. The wife seeks $12,000 per month, i.e., $7,000 for the elder daughter and $5,000 for the younger son. The original order dated 19th November 1991 was that the husband pay $3,000 per month, i.e., $1,500 per month per child. The wife’s application for a variation is dated 8 June 2006.

2. Secondly, there is an application by the husband dated 31 January 2007 seeking a discharge of the order of 19th November 1991 in its entirety.

3. Thirdly, the wife has also issued a judgment summons for arrears of maintenance since January 2007 in the sum of $18,000 (that is, 6 months x $3,000).

4. Fourthly, the husband has also issued a late application, dated 13 June 2007, where he seeks reimbursement for maintenance monies already paid.

Background

5. The background to this case is set out in the judgment given by Deputy District Judge Remedios, as she then was, on 13 December 2006. The wife and husband were married on 3 January 1984 and divorced eight years later on 21 January 1992. The husband later remarried on 12 March 1994.

6. They have two children, a girl, WLS, who was born on 21 February 1985 and is now 22 years of age and WLK, a boy, who was born on 3 October 1988 and is now 18 years of age.

7. In the court order of 19th November 1991, there was no order either for substantive or nominal maintenance for the wife. The only maintenance provisions related to the children. The wife was granted custody of the children with reasonable access to the respondent.

8. In December 2006, the wife applied for an injunction to restrain the husband from receiving, drawing, disposing or otherwise dealing with, all or part of his contract gratuity and/or pension and/or other accumulated benefits paid or payable by the existing employer and/or the Hong Kong government, pending further direction by the court.

9. The court injuncted part of those funds. Of the $300,000 odd that the respondent was to receive, he was permitted to keep $230,000 to pay off outstanding debts. The remaining $70,000 odd is still frozen. To quote from Deputy Judge Remedios’ judgment at paragraph 13, she said:

However, in respect of the balance of any monies to be received I propose to restrain him, i.e., the husband, from receiving those monies so that if there should be any basis to which this variation is successful, there may be some funds for the children to be provided for in their education. ”

10. At the hearing the husband provided further details concerning those funds. He has received no funds since April 2007 and the outstanding HK$70,000 remains frozen by the court.

11. Since the judgment of Deputy Judge Remedios, dated 13 December 2006, the matter seems to have become dormant with very little of note happening between then and now.

The present position of the parties

12. The wife, who is 43, says that she is currently unemployed and that she continues to suffer from ill health and, in particular, she says that she suffers from Meniere’s syndrome. The wife also says that she owes approximately $100,000 to a credit card company and that she has other debts.

13....

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