How to Enforce a Support Order in New Brunswick

You have a support order, but the payments are late, partial or have stopped. Chasing the other person yourself is stressful, and you may not know what the system can do for you.

This article walks through the Office of Support Enforcement (OSE), the tools it can use and the court options that exist, so you can decide what to do next.

This article covers the law of New Brunswick.

Registering with the Office of Support Enforcement

Support orders made in New Brunswick are automatically filed with the Office of Support Enforcement (OSE). The recipient has eight days after an enrolment package is 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. Recipients living outside New Brunswick should contact the support enforcement program where they live.

In plain terms, enrolment is about who deals with collecting the payments. If you are not sure whether your file is enrolled, check the paperwork you received after the order was made, or ask OSE directly. How this applies to you depends on your situation, so it is worth confirming with a lawyer.

What enforcement tools exist

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

The word escalate matters here. Earlier steps focus on collecting money from wages, accounts and refunds, while longer arrears open the door to credit reporting, licence suspension and travel document restrictions. Which step is used in your file depends on the facts, so ask OSE what is happening on your account.

Court options

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

Family proceedings, including divorce and Family Law Act matters, are heard in the Court of King's Bench, Family Division. A lawyer can explain whether a court step makes sense alongside OSE, particularly where assets are being moved.

If your circumstances or the order are changing

If the paying person's income has dropped or your circumstances have changed, how that affects the order and any amounts owing depends on your situation, so it is worth confirming with a lawyer before acting.

Support terms in an agreement can also be challenged. The Court may set aside a support provision or a waiver of the right to support where it results in unconscionable circumstances, or in cases such as default in payment.

Spousal support is owed between spouses in accordance with need, to the extent capable of doing so. This can extend to some common-law partners, for example those who have cohabited continuously for at least three years with one substantially dependent on the other, or who have cohabited in a relationship of some permanence and are the parents of a child.

It also helps to understand how child support is usually set. Under the Federal Child Support Guidelines, the order is generally the table amount for the number of children and 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 impute income it considers appropriate, for example where a spouse is intentionally under-employed or unemployed. Where child support and spousal support are both claimed in a divorce application, the court gives priority to child support.

What to do next

• Find your order or agreement and confirm the amount, start date and payment method.
• Check whether your file is enrolled with OSE, and opt in if it is not.
• Keep a record of every payment received and every missed payment.
• Note anything you know about the payor's job, bank or assets.
• Keep messages about payment in writing and calm.
• Speak with a lawyer if arrears are large, assets are being moved or the payor lives elsewhere.

If you are worried about safety, contact local emergency services first. Support enforcement can wait; your safety cannot.

Frequently asked questions