Form CS 23
Application for
suspension order
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 suspension order without notice.
On order made
under section 106 or
section 109 of Act
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)
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
?
?
?
? Form CS 23
Application for suspension
order
Section 11 7, Child
Support Act 1991
A proceeding for: 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)
Take notice that
I intend to apply to the Family Court for an order
suspending
the liability of: Jeffrey Mark Robertson
to
make payments under the Act pending the hearing and final determination
of
the proceeding.
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 (FAM 1998-055-1008)
I have applied to the Papakura Court for
cancellation of order.
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.
I have
provided an affidavit in support of this application for suspension?
Affirmed by the above named applicant
Jeffery Mark Robertson )
At Papakura this day of )
September 2005 before me
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.
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
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
Note
If the application may, in
accordance with section 117(5) of the Act,
be made and dealt with without notice, amend the form accordingly.