Child Support in New Brunswick: How to Apply and Enforce It

If you need to start, change or collect child support, it helps to know that there are two parts to the process. One part is getting a support order or agreement. The other is making sure payments arrive, which in New Brunswick is handled through the Office of Support Enforcement (OSE).

This article explains in plain terms how support is usually calculated, where applications are made, and how OSE enforcement works. Your situation may differ, so treat this as a general guide and confirm details with a lawyer.

This article covers the law of New Brunswick.

Two steps: getting an order, then collecting it

Child support starts with an agreement or a court order. Once you have an order, the province's enforcement program helps with payment. Support orders made in New Brunswick are automatically filed with the OSE, and the recipient has eight days after the materials are sent to opt out and receive payments directly.

If you are not enrolled, you can opt in at any time by submitting a Notice to File Support Order form and a Client Information form. Either side can withdraw using the Application To Withdraw from OSE form. If you live outside New Brunswick, contact the support enforcement program where you live.

How the amount is usually set

The presumptive rule under the Federal Child Support Guidelines is that the order is the amount in the applicable table for the number of children, the paying parent's province of residence and income, plus any special or extraordinary expenses. Income is generally taken from the Total income line of the T1 General tax return, adjusted under Schedule III.

• The court can look at the last three years if the current figure would not be the fairest measure.
• Spouses can agree in writing on income if the court finds the agreement reasonable.
• The court can impute income where, for example, a spouse is intentionally under-employed or unemployed.
• Special or extraordinary expenses can include child care, the child's share of medical and dental insurance premiums and post-secondary education.

Shared and split parenting have their own rules. Where each parent has the child for not less than 40% of the time over the year, the court must consider the table amounts for each parent, the increased costs of shared parenting and each parent's and the child's circumstances, so it is not an automatic set-off. Where each parent has the majority of parenting time for one or more of two or more children, support is the difference between the amounts each would pay under the tables.

Where and how to apply

Divorce proceedings are in the Court of King's Bench, Family Division, using Rule 72 forms. One spouse can file a Petition for Divorce (Form 72A) and serve the other with a Notice of Petition (Form 72C), or spouses who agree can file together using a Joint Petition for Divorce (Form 72B). A Financial Statement is Form 72J.

If the other spouse disagrees, the forms provide for an Answer, an Answer and Counter-Petition, a Notice of Intent to Defend and a Reply. The Family Division also handles Family Law Act matters such as parenting and support. Jurisdiction rules apply: a court in a province can hear a divorce proceeding if either spouse has been habitually resident there for at least one year immediately before the proceeding starts.

When a divorce is involved, the court must satisfy itself that reasonable arrangements have been made for the support of any children of the marriage. Parties are also expected to try to resolve the issues, including through family dispute resolution processes, to the extent appropriate. If you were never married, a Family Law Act application may be the route, and a lawyer can confirm which applies.

If payments stop

OSE enforcement tools escalate with non-payment. They include payment orders garnishing wages, pensions, tax refunds, GST credits and bank accounts (including joint accounts), information requests and enforcement hearings.

Separately, a certificate filed with the Court becomes a judgment of the Court and may be enforced as one, and the Court can make orders to prevent disposition or wasting of assets that would defeat a support order.

What to do next

• Gather your recent tax returns and notices of assessment, and ask the other parent for theirs.
• List any child care, insurance premium or education costs you want considered.
• Write down the actual parenting schedule, since it can affect the calculation.
• Check whether you are enrolled with the OSE, and watch the opt-out period if you have just received an order.
• Speak with a lawyer about which forms apply to your situation.

Frequently asked questions