In a divorce, the parent with custody is entitled to claim financial support for the child of the family from other parent as in (Cap. 192) Matrimonial Proceedings and Property Ordinance. The term of ‘child of the family’ has a broad meaning to it. The person could be the child of the marriage or any child who has been treated as a child of the family by both parents. Furthermore, an illegitimate or adopted child of the family would also be included into the definition.
In divorce proceedings, children’s welfare is always the primary consideration by the court. Apart from custody, the parent is also entitled to claim for financial support for the child from the other parent in a divorce. In LHC v KHS  HKEC 1282, to determine whether to grant maintenance to cover the living expenses for the adult child, the court looked into the issues of whether the child satisfies the relevant ordinance section and examined the reasonable needs of the child. Under s.10(1) of MPPO, the court would only grant financial orders for children below the age of 18. However, the ordinance in s.10(3) also includes that financial support can also extend to children over 18 years old in certain circumstances. One of the most common justification is for education purposes.
It is foreseeable that financial support would be granted if the child is receiving education or undergoing training. Another justification that the court would consider is medical conditions. It would be appropriate for the court to award child maintenance as the child is unable to acquire financial independence due to medical or developmental problems. With the support of these justifications, the adult child would be able to benefit from his or her parent’s ancillary relief.
Ms. Ngan is on the panel of Solicitors for the Legal Aid Department of criminal matters, matrimonial/family law, employee compensation, personal injury, medical negligence, and land disputes and has participated in cases related to the Hague Convention on the Abduction of Children, which involved parental abduction of children in and out of the country. In addition, she provides legal advice to clients concerning marriage or relationship breakdown, drafts pre-nuptial and post-nuptial agreements, separation deeds and divorce agreements, and assists to delete non-biological father’s name on birth certificate. Ms Ngan is also experienced in handling void marriage petition, unreasonable behavior divorce petitions, litigation regarding the validity of the Enduring Power of Attorney (EPA), applying for Guardianship Order, Debt-related legal advices, employees’ violations of fiduciary duties such as conflict of interests and breach of confidentiality, applications for Dependent Visas, Company, Shares and Property transfers Due Diligence Check, Building Mortgages, Re-mortgage of public housing flats/HOS units, handling landlord-tenant dispute cases, Adverse Possession, cases involving investigations by the Independent Commission Against Corruption, Immigration Department or Police Force, traffic crime cases, criminal defense or mitigation, probate application for Hong Kong residents who have died outside Hong Kong, civil litigation and debt claims, etc.
If necessary, you can also apply for legal aid. Ms. Ngan is a member of the Legal Aid Department Penal for Criminal, Divorce/Family Law, Employees’ Compensation, Personal Injury, Medical Negligence, and Land Disputes. If legal aid is approved, the aided person has the right to choose a lawyer to represent.
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