Maintenance and property arrangements

What are the factors considered by the court when dealing with child maintenance?

The ultimate goal of the court in dealing with child maintenance is to ensure fairness to all parties, and in particular, to ensure the well-being of the family's children is protected. If the parties cannot reach an agreement, they have to undergo financial dispute resolution process for the court to make an order. Taking into account the earning capacity and assets, as well as the financial needs and burdens of both parties, the court will normally consider the following matters to determine the arrangement and amount of child maintenance:

(a) financial needs of the child
(b) The earning capacity and assets of the child
(c) The mental or physical health of the child
(d) The standard of living of the family before the breakdown of the marriage
(e) The manner in which the child was being and in which the parties expect the child to be educated.

To learn more about the legal responsibilities, rights, and resources related to divorce, please click to download the "Booklet on Divorce & Maintenance" at http://mediationcentrehk.org/l/maintenance-booklet-en

Source: Mediation Centre

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