1. What is maintenance in Hong Kong family law?

Maintenance refers to the financial support one spouse or parent provides to another spouse or their child, ensuring stability and fairness after separation or divorce.

2. Who can apply for maintenance?

Either spouse may apply for maintenance. Parents can also apply on behalf of their minor children to ensure the child’s welfare and daily needs are met.

3. How is the amount of maintenance determined?

The Family Court considers multiple factors, including:

• Each party’s income, financial resources, and earning capacity
• Standard of living during the marriage
• Children’s needs, education, and expenses
• Contributions made by each spouse to the family

4. What types of maintenance exist?

There are two main types:

• Spousal Maintenance – Financial support from one spouse to another.
• Child Maintenance – Financial support for children under 18 or still in education.

5. How long does maintenance last?

Child maintenance usually continues until the child turns 18 or completes full-time education. Spousal maintenance may be temporary or ongoing, depending on financial dependency and circumstances.

6. Can maintenance amounts be changed?

Yes. Either party may apply to the court for a variation of maintenance order if there is a significant change in financial situation, such as job loss or increased needs.

7. What happens if maintenance is not paid?

Failure to pay maintenance is a serious matter. The receiving party can apply for **enforcement** through the Family Court, which may issue a Judgment Summons or other enforcement measures to recover unpaid sums.

8. Can maintenance be settled privately?

Yes. Spouses can reach a mutual maintenance agreement through negotiation or mediation, which can be formalized and approved by the court for legal enforcement.

9. How can a family lawyer help with maintenance issues?

A qualified family lawyer can assess your financial situation, negotiate fair arrangements, prepare documentation, and represent you in court proceedings when necessary. Yip Tse Tang Solicitors & Notaries ensures maintenance orders are equitable and legally sound.