Form CS 23
Affidavit in Support of Suspension of order
made
under section 106 or section 109 of Act
In
the Family Court Fam…………………
At PAPAKURA
Robertson
.
.
P
O Box 68402
Newton
Auckland
APPLICANT
The
Commissioner of Inland Revenue
and
Rosemary Brownsett
13
Bettina Place
Manurewa
Manukau
City
RESPONDENTS
I, Robertson of Mangere
Bridge, Unemployed.
do hereby give the following
information in support of application for suspension of order.
An order by IRD for:
“Child Support Deduction Notice Section 154 Child Support Act 9991” was issued on 18th August 2005. (IRD reference TNA/CS/MH)
I was not aware of the above mentioned proceedings or orders until 9th September 2005.
I am applying to the Family Court, Papakura for an order suspending/canceling the liability of Jeffrey Mark Robertson (myself) for the reason that I have provided for support of the child and maintenance of Ms Brownsett by way of settlement of property and the discharge of my advantage over such property to the benefit of Ms Brownsett
Details
are:
In the Family Court (Papakura) on 12th April, 2005 in application for property division in front of Judge Kendal.
I signed an agreement giving away (to Ms Brownsett) my $30,000 advantage over our jointly owned property at 13 Bettina Place, Manurewa.
Along with this I also waived my rights under the Matrimonial Property Act for compensation regarding Ms Brownsett's exclusive occupation of the property, in particular for the periods 1996 to present.
(Refer Judgment of Judge Kendal, 12th April 2005)
Further more, I also agreed to a property valuation for the purpose of division which was $45,000 under the current market value.
This results in an actual cash value of $75,000 which, after property division equals $37.000 in favor of Ms Brownsett.
In return Ms Brownsett was to end any claim for maintenance and child support and make an end to the matter.
Judge Kendal ordered that Ms Brownsett shall then have sole ownership of the property upon paying me the sum of $70,000.
A copy of Judge Kendal’s ruling of 12th April, 2005 is provided but all other supporting paperwork and documents are, at the time of writing, still with the court (Papakura)
It was later discovered that Ms Brownsett had not informed
the court of a maintenance and child support order for an approximate value of
$8000.
I do not know the details because as usual, I had never been
informed.
On the 9th September, 2005 the matter was brought back
before Judge Kendal in the Auckland Family Court.
Judge Kendal ruled that Ms Brownsett had to revoke her claims for child support and maintenance.
This was, supposedly, an end to the matter.
Following the court case of 9th September I
contacted Ms Brownsett’s lawyer (Pat Patterson) to inform him of events. He
told me that he had just received a letter from Inland Revenue attaching a
claim against any payment I would receive from the property settlement.
This had obviously been instigated by Ms Brownsett and once
again she had not informed the court about it.
I had no prior knowledge of any claim so contacted IRD and arranged an
appointment to see Michael Herlihy of the IRD on 20th of September.
At this meeting I obtained a copy of the letter sent to Mr. Patterson (copy attached).
Mr. Herlihy informed me that, under the circumstances and as the case is no longer active I have the right to take it directly to the Family Court.
From the information available to me I consider there is a clear case to apply for cancellation of the order seeing as I have just made generous allowance to Ms Brownsett in compensation for child support and maintenance.
Any
deductions from income, attachments on property or entitlements before the
hearing and final determination of the proceeding would result in financial
hardship and emotional distress
Affirmed by the above named applicant
Robertson )
At Papakura this day )
of September 2005 before me