Application for order to discharge (or suspend or revive or vary)

order made under section 106  or section 109 of Act

 

In the Family Court                             Fam…………………

At PAPAKURA                                          

                                                         

                                                          Jeffrey Mark Robertson

                                                                        .

                                                                        .

                                                                        P O Box 68402

                                                                        Newton

                                                                        Auckland

 

                                                                        APPLICANT

                                                         

                                                          The Commissioner of Inland Revenue

                                                          and

                                                          Rosemary Brownsett

                                                                        13 Bettina Place

                                                                        Manurewa

                                                                        Manukau City

                                                                            

                                                                        RESPONDENTS

 

Application for order to discharge with notice

Order made under section 106 or section 109 of Act.

 

I, Jeffery Mark Robertson, Unemployed

 apply for an Order that the 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)

be Discharged

 

 

Copy of order is attached

Affidavit by above named applicant is attached

 

This document is filed by the above-named applicant, in person.

The address for service of the above named applicant is:

Jeffrey Mark Robertson

P O Box 68402

Newton

Auckland

 

 

 

Application for order to discharge (or suspend or revive or vary)

order made under section 106  or section 109 of Act

Section 112,Child Support Act 1991

 

 

I, Jeffrey Mark Robertson declare that

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)

 

My right to take this matter to the Family Court was confirmed in person by

Mr. Herlihy of the IRD on 20th September 2005 on the grounds that this is no longer an active case.

 

Copy of order is attached

 

Take notice that I intend to apply to the Family Court for an order to

Discharge the order.

 

This application is made on the ground(s) that-

 

I have provided for support of the child and maintenance of Ms Brownsett by way of settlement of property and discharge of my advantage over such property to the benefit of Ms Brownsett

 

Affidavit by above named applicant is attached

 

 

 

 

Affirmed by the above named applicant

Jeffery Mark Robertson   )

At Papakura this       day   )

Of September  2005 before me

 

 

 

 

 


 

Take notice that I intend to apply to the Family Court for an order to

 

Discharge the order.

 

This application is made on the ground(s) that-

 

I have provided for support of the child and maintenance of Ms Brownsett by way of settlement of property and discharge of my advantage over such property to the benefit of Ms Brownsett

 

I say:

 

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. (Court ref FAM 1998-055-1008)

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.

Further more, I also agreed to a property valuation for the purpose of division  which was 45,000 under 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.

On the 9th September, 2005 the matter was brought back before Judge Kendal in the Auckland Family Court where he ruled that Ms Brownsett had to revoke her claims for child support and maintenance.

 

IRD have lodged  a Child Support Deduction notice for $5,877.82 against this payment. Ms Brownsett was aware of this but neglected to inform the court so it could be taken into consideration.

 

Affirmed by the above named applicant

Jeffery Mark Robertson   )

At Papakura this       day   )

Of September  2005 before me


 

To the Registrar

Family Court

At Papakura

 

and

 

To the respondent

 

This application is filed by  Jeffrey Mark Robertson

whose address for service is

 

P O Box 68402

Newton

Auckland

 

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