In an application for maintenance, the law does not require that every specific item of expense be proved by receipts or assessed on specific values, as if on a reimbursement exercise.
Date of Decision: 14 February 2018
14 February 2018
Outcome: Appeal allowed in part
Facts
1 The Family Court made an order for maintenance against the Husband in favour of the Wife and the child. The Husband appealed.
Court’s Decision:
2 The Family Division of the High Court dismissed the appeal against the child’s maintenance and allowed the appeal against the maintenance for the Wife. The Court made some observations on how maintenance should be assessed.
3 While it is a very useful practice to determine whether each item in the list of expenses submitted by the Wife is a reasonable one, one should not be overly mesmerised by the approach of reaching a maintenance sum only by totalling up every item of expense as if it were a legal requirement. The law provides that the court shall take into account various factors in deciding the maintenance award. The law does not require that every specific item of expense be proved by receipts or assessed on specific values, as if on a reimbursement exercise. More exceptional expenses though, such as certain medical needs and costs, ought to be supported by evidence. A child’s needs and expenses may also fluctuate from month to month; similarly, household expenses may fluctuate over time. Setting out regular specific expenses nevertheless enables the other party and the court to assess broadly whether the expenses are reasonable: at [13].
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.