Divorce alimony calculation and maintenance orders
Divorce alimony
Divorce alimony (separate family) refers to the agreement that one party must give the other party a certain amount of property after divorce. The period of divorce alimony, the period of alimony, and child custody alimony. In the case of divorce by agreement, payment will only be made if there is an agreement. Obligations cannot be requested after divorce without agreement.
Divorce asset distribution
When handling alimony in divorce proceedings, the prerequisite for determining who should pay the full amount is based on the credit, conduct and individual circumstances of the two parties, and is determined in accordance with the factors set forth in Article 7 of the Matrimonial Proceedings and Property Ordinance:
Financial needs, burdens and responsibilities
The court will consider the assets currently held, the income, financial and economic status of the two persons. The two need to hand over their respective financial details, such as some daily expenses, and the custody rights provide regular allowances to parents or other dependents.
The quality of life the family enjoyed before divorce
Divorce and separation in China and Hong Kong will cost more than living together. Therefore, except for some wealthy families, the quality of life of two people under normal circumstances will be greatly reduced after divorce.
Physical or mental disability
If one of them is unable to support himself due to physical/mental disability, the reason will also affect the future results.
Alimony
The alimony calculation method and alimony order related to divorce can be applied separately or together based on personal needs, and can be divided into spousal and/or child support orders, lump sum and/or periodic payments.
Divorce alimony (separate family) refers to the agreement that one party must give the other party a certain amount of property after divorce. The period of divorce alimony, the period of alimony, and child custody alimony. In the case of divorce by agreement, payment will only be made if there is an agreement. Obligations cannot be requested after divorce without agreement.
Alimony calculations and maintenance orders for Hong Kong divorce or China-Hong Kong divorce can be divided into maintenance orders for spouses and/or children, lump sum and/or periodic payments. Depending on personal needs, you can decide to apply for them separately or together.
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FAQ
Divorce alimony drequently asked questions
Who has the custody rights will be determined by the Hong Kong court after reviewing the two people's ability to take care of the children. The two must first agree and reach a consensus to make decisions about the children's daily expenses, expectations, etc., and then leave it to the court for decision. Custody rights are all decided by the Hong Kong courts.
The judge will make the final custody decision based on the financial, background, mental and other factors of the two people.
Summons for judgment
You can apply to the court for a judgment summons. The court may summon your spouse to appear in court and he/she will be required to explain his/her financial situation and ability to pay back the outstanding amounts. You should not hesitate to pursue a debt recovery, as the court may refuse to enforce the payment order if the debt has been overdue for more than 12 months when the legal proceedings for enforcement of payment of the debt are commenced.
If your spouse fails to pay without sufficient reason, the court has the power to make a new payment order or jail him or her in accordance with section 87 of the Matrimonial Causes Rules. If your spouse repeatedly misses hearings, the court also has the power to sentence your spouse to jail in his absence. If the payer pays the debt or makes relevant arrangements, the jail sentence may be suspended.
Attachment of income order
According to section 28 of the Matrimonial Proceedings and Property Ordinance, if the court has issued an order for alimony to the alimony payer:
(i) the court is satisfied that the payer has, without reasonable excuse, failed to pay any amount required to be paid under the maintenance order; or
(ii) The court has reasonable grounds to believe that the payer will not comply with the maintenance order and make timely and full payments; or
(iii) both the payor and the designated payee agree to the making of an order under this section; and any income of the payor is liable to attachment,
The court may order that an amount of the payer's income equal to all or part of the amount payable under the maintenance order be withheld, and the withheld amount will be paid to the designated recipient from the payer's source of income (such as his/her employer) people. However, before making the above deductions, the payer may retain a certain amount as his/her reasonable living expenses.
Restraining order
You can also apply unilaterally to the court for an order prohibiting your spouse from leaving Hong Kong until the debt is recovered. If granted, the order will be served on the Hong Kong Director of Immigration and your spouse will be refused leave if he/she attempts to leave Hong Kong.
If your spouse frequently needs to leave the country, this procedure will be very effective as it will cause considerable inconvenience to him/her. However, the court may not be willing to restrict anyone's freedom in this way. Therefore, you should only make the above application when other enforcement methods are ineffective or inapplicable.
If the other party is in arrears with alimony, how can I recover it?
If alimony is in arrears, the applicant can refer to the following methods to deal with it according to the situation:
‧Judgment Summons
The applicant can apply for a judgment summons in court, and then the court will ask the applicant and the other party to appear in court, and the two will have to prove all the conditions and money owed. The applicant can make a claim at the beginning of the legal process for enforcing the payment of the debt. However, if the debt has been overdue for more than one year, the court may refuse to enforce the payment order.
If your spouse fails to pay without sufficient reason, the court has the power to make a new payment order or jail him or her in accordance with section 87 of the Matrimonial Proceedings Rules. If your spouse repeatedly misses hearings, the court also has the power to sentence your spouse to jail in his absence. However, if the payer pays off the debt or makes relevant arrangements, the jail sentence may be suspended.
‧Income attachment order
According to section 28 of the Matrimonial Proceedings and Property Ordinance, if the court has issued an order for alimony to the alimony payer:
- the court is satisfied that the payor has, without reasonable excuse, failed to pay any amount required to be paid under the maintenance order; or
- The court has reasonable grounds to believe that the payer will not comply with the maintenance order and make timely and full payments; or
- the payee and the designated payee both consent to the making of an order under this section; and
- Any income of the payer may be subject to garnishment.
In this case, the court may order that an amount of the payer's income equal to all or part of the sum payable under the maintenance order be withheld, and the withheld amount will be paid to a designated person from the payer's source of income (such as his/her employer) Payee. However, before making the above deductions, the payer may retain a certain amount as his/her reasonable living expenses.
‧Prohibition order
You can also apply unilaterally to the court for an order prohibiting your spouse from leaving Hong Kong until the debt is recovered. If the order is granted, it will be served on the Hong Kong Director of Immigration. If your spouse attempts to leave Hong Kong, he/she will be prohibited from leaving the country. This procedure will be very effective if your spouse frequently needs to leave the country because it will cause considerable inconvenience to him/her. However, the court may not be willing to restrict anyone's freedom in this way. Therefore, you should only apply for the above-mentioned injunction when other enforcement methods are ineffective or inapplicable.
Can a man claim alimony from a woman?
OK. When two people apply for divorce and separation, they also have the same right to receive alimony. Normally, the man supports the woman, but there is no difference in Hong Kong law. If the woman is capable, the woman must also bear the responsibility. Indeed, in reality, it is relatively rare for a man to ask a woman for money.
How is child support assessed?
Generally, child support is assessed according to the following two categories:
‧Types of claims for child support
The party who has obtained custody has the right to seek financial support for the children from the second party in individual cases. When dealing with alimony matters, the applicant can apply to the court to obtain temporary alimony before the completion of the litigation. After a divorce or separation petition and an application for interim maintenance are filed, the court can make interim financial support orders available to the children, such as periodic payments, guaranteed periodic payments and lump sums. The court may also make other orders at different stages of the proceedings, including at or after the making of a decree nisi of divorce; during guardianship proceedings concerning a minor; and during guardianship proceedings.
‧The upper age limit for children to receive alimony
According to section 10 of the Matrimonial Proceedings and Property Ordinance, the court can make orders for children under the age of 18, such as periodic payments, guaranteed periodic payments and lump sums. However, the Ordinance further stipulates that if the child is currently or will be studying in an educational institution, or receiving certain types of training, or under special circumstances that are appropriate and acceptable to the court (for example, the child is a disabled person), payments made in accordance with existing orders Can be extended to over 18 years of age.
Divorce services include
Our firm's one-stop divorce consulting service can properly handle all types of divorce cases while complying with legal details and catering to the needs of clients seeking help. If you are about to face and deal with divorce issues, here are some basic divorce laws and regulations:
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