Child support in Hong Kong

This is a discussion on Child support in Hong Kong within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am a Canadian resident working and living in Hong Kong. I had a one night affair with a Hong ...

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Old Jan 5th, 2012, 03:22 AM   #1
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Default Child support in Hong Kong

I am a Canadian resident working and living in Hong Kong. I had a one night affair with a Hong Kong resident - there was no contact with her before or after that evening. Four months after the incident, she informed me that she was pregnant. She was adamant in keeping the child and claimed that it was mine. I offered child support on the condition of a paternity test. For a year and a half, she refused the paternity test and harassed me at work and at home, to the point where I had to contact the police three times and made me consider leaving the country.

After almost two years of harassment from her, we are finally in court with the paternity results. The child is mine and we are negotiating the amount of child support. She currently does not have a job and initially asked for the equivalent of 30% of my gross salary. I have been negotiating with her legal aid lawyer explaining that I have another dependent (I met a wonderful woman and married after this fiasco began) and that I can not afford what she is asking for. Currently she has sole custody of the child and claiming 15-20% of my gross income for child support.

What are the options if negotiations with her lawyer for child support breaks down? Would you advice meditation at this point? I am willing to pay child support but the amount she is requesting is beyond my financial means and I would like to know the risks and available options for settling this if we don't negotiate the amount before we have to appear in court again.
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Old Jan 5th, 2012, 04:51 AM   #2
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Default Re: Child support in Hong Kong

I wish to inform you that court consider best interest of child as main consideration. In this regard the child support amount will be determined keeping in view expenses of the child. You may determine in court that you are already having another marriage and amount which you propose is sufficient for meeting expenses of child. Court may determine keeping in view your income and your expenses and expenses of child.

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Old Jan 5th, 2012, 06:34 AM   #3
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Default Re: Child support in Hong Kong

In this regard you are subject to pay the child support as it is evident that it is your own child. But if you are not able to meet the expenses of your present wife and child after giving the 30% of your gross salary as child support, you can approach the court for getting a deduction in the child support amount demands by the mother of the child. You have to adduce evidence to show the expenses and income.
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Old Jan 5th, 2012, 08:10 AM   #4
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Thank you both for your responses.

I am trying to negotiate with her lawyer the amount for the child support because I do not want to drag this longer. But we are nearing an impasse. Would it be helpful to approach a mediator to settle this before the next court date or that won't really help? And is there a rule of thumb for a reasonable percentage of salary to go towards child support?

Through court documents that were filed, I found out that this woman has a child with an ex-husband that also provides child support. She is now unemployed, receiving social assistance, receive child support from her ex and will soon receive child support from me. The expenses she has forwarded to the court includes a salary for a nanny - is this a reasonable expense for an unemployed parent with three sources of finances (the ex, myself and social assistance)? What is the best way to argue that this is an unnecessary expense?

If at the very least I want to ensure that the child will not leave the country without both parents' consent, would this require the court or be included in the negotiation with her lawyer? The reason I am asking is that I think she only wants a higher child support payment for her own needs, and not the child. Based on her previous acts such as extortion, blackmail of going to the police and lying that I raped her if I don't give her money, demanding that I marry her or pay her more money, I have a feeling that she will only take the money and the child and live in her home country, where the expenses are significantly lower than in Hong Kong.
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Old Jan 5th, 2012, 08:33 AM   #5
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Originally Posted by Anon25 View Post
I am a Canadian resident working and living in Hong Kong. I had a one night affair with a Hong Kong resident - there was no contact with her before or after that evening. Four months after the incident, she informed me that she was pregnant. She was adamant in keeping the child and claimed that it was mine. I offered child support on the condition of a paternity test. For a year and a half, she refused the paternity test and harassed me at work and at home, to the point where I had to contact the police three times and made me consider leaving the country.

After almost two years of harassment from her, we are finally in court with the paternity results. The child is mine and we are negotiating the amount of child support. She currently does not have a job and initially asked for the equivalent of 30% of my gross salary. I have been negotiating with her legal aid lawyer explaining that I have another dependent (I met a wonderful woman and married after this fiasco began) and that I can not afford what she is asking for. Currently she has sole custody of the child and claiming 15-20% of my gross income for child support.

What are the options if negotiations with her lawyer for child support breaks down? Would you advice meditation at this point? I am willing to pay child support but the amount she is requesting is beyond my financial means and I would like to know the risks and available options for settling this if we don't negotiate the amount before we have to appear in court again.
Mediation is always the best possible route for any legal matter if it will save you the expense of prolonged litigation. If you were in the U.S., 15% of one's income for support is not atypical of many states' support schedules. What is relevant is the actual cost of providing for the child in Hong Kong -- housing, food, medical, education. Try to get these as well as any support schedules for Hong Kong so you know what the court will order. This child, albeit unintentionally, was sired first so it is entitled to support and subsequent children do not come first, as your post implies. At the very least, the child is entitled to equal support as subsequent children.
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