sec.45Registration of arrears as civil judgement

### sec.45 Registration of arrears as civil judgement Where it is made to appear on oath to the court for the place where payments under a maintenance order (other than an order made under section 18 , 19 or 20 ) are required to be made that a sum of money due under the maintenance order (being an amount of not less than $100) is unpaid, the court may, upon ex parte application made by or on behalf of the person for whose benefit the order was made and subject to section 32 (4) , grant a certificate stating the amount due under the maintenance order at the date of the certificate. The person for whose benefit the maintenance order was made may file the certificate or cause the certificate to be filed in a court of competent jurisdiction having jurisdiction in respect of the place where payments under the order are required to be made, or the place where the defendant resides, or where any real property of the defendant is situate, and the registrar of that court shall enter judgement for that person for the amount stated in the certificate to be due together with the fees paid for the certificate and for filing it, and entering the judgement, and shall forthwith send notice in writing of the entry of judgement to the clerk of the court that granted the certificate. Subject to subsections (4) to (7) , such a judgement may be enforced in any manner in which a final judgement in an action in the court in which the judgement is entered may be enforced. Where a judgement is entered under this section, proceedings to enforce the judgement shall not be commenced— unless an affidavit has been filed stating— that no proceedings are pending in any other court for the recovery of any of the arrears of maintenance included in the amount of the judgement; and that the maintenance order has not been discharged, suspended, varied, or annulled since the date the certificate to which the judgement relates in such a way as to affect any of the arrears of maintenance included in the amount of the judgement; and except within a period of 14 days after the date on which the affidavit was sworn. One application may be made under subsection (1) in respect of 2 or more maintenance orders if— the applicant is entitled to receive the payments under each of the maintenance orders; and the defendant in each of the proceedings in which those maintenance orders were made was the same person. Where 1 application is made in accordance with subsection (5) 1 certificate may be granted in respect of the total amount due under all of the maintenance orders in respect of which the application was made. s 45 amd 1981 No. 68 s 3 ; 2011 No. 45 s 217 sch 1A (sec.45-ssec.1) Where it is made to appear on oath to the court for the place where payments under a maintenance order (other than an order made under section 18 , 19 or 20 ) are required to be made that a sum of money due under the maintenance order (being an amount of not less than $100) is unpaid, the court may, upon ex parte application made by or on behalf of the person for whose benefit the order was made and subject to section 32 (4) , grant a certificate stating the amount due under the maintenance order at the date of the certificate. (sec.45-ssec.2) The person for whose benefit the maintenance order was made may file the certificate or cause the certificate to be filed in a court of competent jurisdiction having jurisdiction in respect of the place where payments under the order are required to be made, or the place where the defendant resides, or where any real property of the defendant is situate, and the registrar of that court shall enter judgement for that person for the amount stated in the certificate to be due together with the fees paid for the certificate and for filing it, and entering the judgement, and shall forthwith send notice in writing of the entry of judgement to the clerk of the court that granted the certificate. (sec.45-ssec.3) Subject to subsections (4) to (7) , such a judgement may be enforced in any manner in which a final judgement in an action in the court in which the judgement is entered may be enforced. (sec.45-ssec.4) Where a judgement is entered under this section, proceedings to enforce the judgement shall not be commenced— unless an affidavit has been filed stating— that no proceedings are pending in any other court for the recovery of any of the arrears of maintenance included in the amount of the judgement; and that the maintenance order has not been discharged, suspended, varied, or annulled since the date the certificate to which the judgement relates in such a way as to affect any of the arrears of maintenance included in the amount of the judgement; and except within a period of 14 days after the date on which the affidavit was sworn. (sec.45-ssec.5) One application may be made under subsection (1) in respect of 2 or more maintenance orders if— the applicant is entitled to receive the payments under each of the maintenance orders; and the defendant in each of the proceedings in which those maintenance orders were made was the same person. (sec.45-ssec.6) Where 1 application is made in accordance with subsection (5) 1 certificate may be granted in respect of the total amount due under all of the maintenance orders in respect of which the application was made. - (a) unless an affidavit has been filed stating— (i) that no proceedings are pending in any other court for the recovery of any of the arrears of maintenance included in the amount of the judgement; and (ii) that the maintenance order has not been discharged, suspended, varied, or annulled since the date the certificate to which the judgement relates in such a way as to affect any of the arrears of maintenance included in the amount of the judgement; and - (i) that no proceedings are pending in any other court for the recovery of any of the arrears of maintenance included in the amount of the judgement; and - (ii) that the maintenance order has not been discharged, suspended, varied, or annulled since the date the certificate to which the judgement relates in such a way as to affect any of the arrears of maintenance included in the amount of the judgement; and - (b) except within a period of 14 days after the date on which the affidavit was sworn. - (i) that no proceedings are pending in any other court for the recovery of any of the arrears of maintenance included in the amount of the judgement; and - (ii) that the maintenance order has not been discharged, suspended, varied, or annulled since the date the certificate to which the judgement relates in such a way as to affect any of the arrears of maintenance included in the amount of the judgement; and - (a) the applicant is entitled to receive the payments under each of the maintenance orders; and - (b) the defendant in each of the proceedings in which those maintenance orders were made was the same person.