What is child maintenance in Hong Kong?

Child maintenance is the financial support parents must provide for their children’s everyday needs after divorce or separation. This duty applies whether or not the child lives with you.

Who is responsible for paying child maintenance?

Both parents are legally responsible. Usually:

• The parent who has day-to-day care and control provides direct care.
• The other parent pays regular maintenance to contribute financially.

Even if a child is cared for by grandparents or guardians, the parents still have the legal duty to pay.

What does child maintenance cover?

Child maintenance in Hong Kong generally covers:

• Housing (rent or mortgage contributions)
• Food and clothing
• Education (school fees, tutoring, extracurricular activities)
• Medical and healthcare expenses
• Transport and other daily living costs

How is the amount of child maintenance decided?

The court does not use a strict formula. Instead, it considers factors under section 7 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), including:

• Parents’ income, assets, and earning ability
• The child’s actual needs
• The lifestyle enjoyed by the child before the marriage breakdown
• Other responsibilities of the parents (e.g. a new family after remarriage)

The guiding principle: maintain the child’s standard of living as closely as possible to what they would have enjoyed if the parents had not separated.

How is child maintenance paid?

The Family Court can order maintenance to be paid in different ways:

• Monthly payments (most common)
• One-off lump sum (e.g. education trust fund)
• Direct payment of expenses (such as school fees or medical bills)

Until what age is child maintenance payable?

• Normally until the child turns 18 years old.
• It can be extended if the child is in full-time education (e.g. university).
• If the child has a disability, maintenance may continue into adulthood.

What if a parent refuses to pay child maintenance?

If a parent fails to pay, the other parent can apply to the Family Court for enforcement. The court can:

• Deduct money directly from salary (Attachment of Income Order)
• Seize property or assets
• Impose fines or even imprisonment for serious non-payment

Can child maintenance be changed later?

Yes. Either parent can apply to the court to increase, decrease, or stop maintenance if circumstances change — for example, if income changes significantly or the child’s needs increase.

Example of child maintenance in Hong Kong

A father earns HK$40,000 per month, and the mother earns HK$15,000. Their 10-year-old child lives with the mother. The court may order the father to pay around HK$8,000 per month in child maintenance, depending on the child’s real needs.

Key Takeaways

• Child maintenance is a legal duty of both parents.
• There is no fixed formula – the court considers the child’s needs and parents’ means.
• The best interests of the child always come first.

Need legal advice on child maintenance in Hong Kong?

Our experienced family lawyers can:

• Explain your rights and responsibilities clearly
• Negotiate fair child maintenance arrangements
• Apply to court or enforce payment orders if necessary

👉 Contact us today to protect your child’s future with the right legal support. tel/whatsapp 65366666 (Michelle Liu, Matrimonial Lawyer)