child support

Posted by samnii (112 days ago)

I am leaving my husband of 2 years with our 1 year old son because we no longer want to be together. We both agree that it is a right decision but the problem is that he won't pay anything towards supporting our son's spending. I work but don't make that much and cannot support my child alone, rent a place and hire a maid. I want him to pay half the spending on our child but he has refused and says he wants me to sue him, knowing I don't have any money. Well, I don't have money to get a lawyer and the government's legal aid service says I am too rich to use them. I am so depressed. Can anyone give me some advice on how to go about getting some fair payment from my husband? Thanks.

(I am based in Hong Kong)

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Posted by F355 (110 days ago)

sorry, but i am afraid there is no other way as to sue him.

(I am based in Hong Kong)

Posted by neverland (61 days ago)

if you have filed for legal aid from the legal aid department and refused to grant you legal aid because they find that you're too rich, then maybe you are really financially capable to hire a lawyer yourself. i have applied for legal aid and there were many documents to provide to them to prove that i cannot afford one. i don't think the legal aid dept will deny you your right if you're really eligible. hong kong government has a very transparent and supportive system even for a non-chinese like me.

the other thing i would advise you is to formally file a divorce in the family court, request for maintenance support from your spouse and request for a court-appointed lawyer. i think the lawyer the court will provide for you is free or even-so cheaper than the private ones. good luck to you.

(I am based in Hong Kong)

Posted by AussieKristy (32 days ago)

Hong Kong is still a reciprocating jurisdiction for a number of countries which have child support schemes. However, one of you needs to be living in that country in order to make a claim which can be enforced from that country. I am not sure if Hong Kong has its own scheme. Child support is based on a calculation of both parents income and if your child is still small there are many years which you can try and collect child support so is worth visiting a Lawyer for some advice. In most countries there is now a pre-action procedure where you formally have to write to the other person detailing what you want and also attend mediation before you take a case to court. So, perhaps you should do that first. I can understand that he doesn't want to pay half of all your child's living expenses, its a pretty broard demand. What you should do is find a child support calculator and figure out how much your partner should be paying and ask him to pay you a certain amount per month. Perhaps approach this professionally, instead of emotionally and you may have more luck. Afterall, if you are forced to engage in legal assistance to resolve this he too will have to engage a Lawyer and it will be cheaper for all of you if you make your own arrangement.

(I am based in Hong Kong)

Posted by billybally (31 days ago)

Hi Samnii,

I agree with neverland. You don't have 'sue' your husband, you can file for divorce. As part of the divorce process there will have to be an agreement on support for the child (and yourself possibly).

Don't assume that you can't get support from him for yourself too. If he is earning more than you, or has more savings, you should be pursuing them as well. There is, I believe, a standard '50/50 split of family assets' at divorce now (not future earnings, but assets at the time of the divorce).

And don't agree to anything with him until you have spoken to a lawyer.

Divorce doesn't have to be expensive. The staff at the family court are very helpful, details at http://www.judiciary.gov.hk/en/crt_services/pphlt/html/divorce.htm

The divorce process can take some time, particularly if your husband is not cooperative. But at the end of it there will be a court order determining the support your husband should provide.

I suggest you go and see a lawyer about divorce. Most will give you the first meeting free. When I got divorced, I did not have the laywer 'respresent' me (which can be expensive), but instead did it myself. I used the lawyer to ask advice occasionally, and just paid for any time I used. The divorce cost me HK$15,000 total, and I was happy with the outcome.

PM me if you want any further advice.

Good luck.

(I am based in Hong Kong)