6Application to record order for periodic maintenance

6 Application to record order for periodic maintenance

(1)  A person may make an application to a registrar of the Magistrates Court to have an order for periodic maintenance, made by the Supreme Court under section 47 of the Act, recorded as being enforceable as if it were a judgment of the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 .

(2)  An application under subregulation (1) in respect of an order for periodic maintenance is to include the following:

(a) a certificate issued under regulation 5 ;

(b) an affidavit of the person making the application under subregulation (1) stating that –

(i) a copy of the order was served on the person liable to make payments under the order; and

(ii) the order has not been complied with for at least 14 days; and

(iii) a specified amount of money is unpaid.

(3)  After receiving an application under subregulation (1) in respect of an order for periodic maintenance, the registrar of the Magistrates Court –

(a) is to record the order for periodic maintenance, if satisfied as to the matters referred to in subregulation (2)(b) ; or

(b) is not to record the order, if not satisfied as to the matters referred to in subregulation (2)(b) .