Can Unpaid Support Take Your Licence or Tax Refund in New Brunswick?

Missed support payments cause stress on both sides. If you are owed support, you want to know what can be done to collect it. If you are behind, you want to know what could happen to your pay, your refunds or your licence.

In New Brunswick, much of the enforcement work is handled by a government office rather than by the parents themselves. This article explains how that office works, which tools it can use, and what to consider next.

This article covers the law of New Brunswick.

How support enforcement starts in New Brunswick

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

Whether you stay enrolled or receive payments directly is a choice worth thinking through, especially if payments have been unreliable in the past. A lawyer can help you weigh your options.

The tools OSE can use

The tools escalate the longer support goes unpaid. They include:

• Payment orders that garnish wages, pensions, tax refunds, GST credits and bank accounts, including joint accounts.
• Information requests.
• Credit bureau reporting if more than three months is owing.
• Driver's licence suspension if more than four months is owing.
• Passport or federal licence restrictions if more than three months or $3,000 is owing.
• Enforcement hearings.

A joint bank account can be reached, so a second account holder who does not owe support may still be affected.

In plain terms, the longer an amount stays unpaid, the more tools become available. Some, such as garnishment, reach money directly, while others, such as licence or passport restrictions, add pressure in other ways.

Timelines at a glance

Court tools beyond OSE

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 a person from disposing of or wasting assets in a way that would defeat a support order.

If your income or circumstances have changed, how that affects an existing support order depends on your situation. It is worth confirming with a lawyer before you change what you pay or expect to receive.

Agreements can matter too. Under the Family Law Act, the Court may set aside a provision for support, or a waiver of the right to support, in an agreement where it results in unconscionable circumstances. For child support, the starting point under the Federal Child Support Guidelines is the table amount for the number of children and the paying parent's province of residence and income, plus any special or extraordinary expenses under s. 7.

What to do next

• Gather your support order or agreement and any payment records.
• If you are owed support, check whether you are enrolled with OSE and consider opting in if not.
• If you are behind, contact OSE early and ask a lawyer whether the order should be reviewed.
• Keep records of every payment, including dates and amounts.
• If you receive support and live outside New Brunswick, contact the support enforcement program where you live.

Every situation is different, including how much is owing and for how long. How these tools apply to you depends on your facts, so it is worth confirming with a lawyer.

Frequently asked questions