When your former spouse refuses to pay court-ordered spousal support in New Brunswick, the Support Enforcement Act, S-15.5 provides powerful collection tools including wage garnishment, license suspension, federal benefit interception, and imprisonment for up to 90 days. The Office of Support Enforcement (OSE) collects over $55 million annually for beneficiaries and has no limitation period for pursuing arrears—meaning your ex cannot wait out the debt.
Key Facts: Spousal Support Enforcement in New Brunswick
| Factor | Details |
|---|---|
| Enforcement Agency | Office of Support Enforcement (OSE) |
| Filing Fee | $110 for divorce petition (Court of King's Bench) |
| Automatic Enrollment | Yes—all support orders filed automatically |
| Limitation Period | None—Support Enforcement Act, s. 43 eliminates time limits |
| Maximum Jail Time | 90 days per default hearing |
| Maximum Fine | $500 per contempt finding |
| License Suspension | Yes—driver's license and federal licenses |
| Federal Intercept | Yes—EI, CPP, OAS, tax refunds, GST credits |
How the Office of Support Enforcement Collects Unpaid Alimony
The Office of Support Enforcement (OSE) is New Brunswick's designated enforcement agency, collecting over $55 million annually from non-compliant support payers. When your ex-spouse misses a spousal support payment, the OSE has authority under both federal and provincial law to pursue aggressive collection without requiring you to return to court for each enforcement action.
Under Support Enforcement Act, s. 15, the OSE Director issues payment orders that have priority over any other wage assignment or execution. These payment orders are binding on employers, financial institutions, and government agencies. Your ex-spouse cannot simply redirect wages to avoid garnishment—the support order takes legal precedence over virtually all other claims against their income.
New Brunswick automatically files all court-issued support orders with the OSE. Within eight days of receiving the order, the beneficiary receives an information package explaining the enforcement process. You may opt out if you prefer direct payment, but opting in provides access to the full range of enforcement tools without additional court filings.
Wage Garnishment and Income Source Attachment
Wage garnishment is the most common enforcement mechanism for collecting spousal support in New Brunswick. Under Support Enforcement Act, s. 15, the OSE can attach up to 50% of a payer's disposable wages to satisfy ongoing support obligations and arrears. The garnishment order is served directly on the employer, who must comply or face court sanctions.
The Support Enforcement Act protects employees from retaliation. Under s. 17, employers cannot dismiss, suspend, lay off, penalize, discipline, or discriminate against an employee because a payment order has been issued. Violations expose employers to liability and potential court action.
Income sources subject to garnishment in New Brunswick include wages and salaries, commissions and bonuses, pensions and retirement benefits, workers' compensation payments, long-term and short-term disability benefits, bank account balances (including jointly held accounts), rental income, and business profits. The breadth of attachable income ensures that payers cannot evade support obligations by restructuring their compensation.
Federal Intercept Through FOAEA
The Family Orders and Agreements Enforcement Assistance Act (FOAEA) gives New Brunswick's OSE access to federal payment streams when pursuing spousal support arrears. This federal-provincial cooperation allows interception of Employment Insurance benefits, Canada Pension Plan payments, Old Age Security benefits, GST/HST credits, federal income tax refunds, and various other federal program payments.
Federal intercept is particularly effective because it reaches income that provincial garnishment orders cannot touch. A payer who is self-employed or works for an out-of-province employer may be difficult to garnish through provincial mechanisms, but FOAEA intercepts federal benefits regardless of employment status or location. The OSE initiates federal intercept automatically when standard collection efforts prove insufficient.
Driver's License Suspension and Denial
Under Support Enforcement Act, s. 26, the OSE Director can notify the New Brunswick Registrar of Motor Vehicles to suspend or revoke a payer's driver's license when support payments remain in default. This enforcement tool creates immediate practical consequences—loss of transportation affects employment, daily activities, and quality of life.
License suspension typically occurs after other enforcement measures have been attempted without success. The suspension remains in effect until the payer brings payments current or establishes a payment plan acceptable to the OSE. Reinstatement requires both resolving the support arrears and paying any applicable motor vehicle fees.
Federal licenses are also subject to suspension under FOAEA. Pilots' licenses, aviation documents, marine certificates, and federal passports can be denied or suspended when support payments are in default. The combined provincial and federal licensing consequences create significant pressure on non-compliant payers.
Default Hearings and Contempt Proceedings
When a payer persistently refuses to pay spousal support, New Brunswick courts can order a default hearing under Support Enforcement Act, s. 33. At this hearing, the payer must explain why they are not complying with the support order. The burden shifts to the payer to demonstrate that non-payment results from genuine inability rather than willful refusal.
If the court finds the payer has the ability to pay but refuses, s. 35 authorizes imprisonment for up to 90 days per contempt finding. The court may also impose fines of up to $500. Imprisonment can be ordered to be served intermittently (such as weekends only) to allow the payer to maintain employment and generate income for support payments.
Critically, s. 35(3) provides that imprisonment does not discharge the underlying debt. Your ex-spouse cannot serve jail time and emerge free of arrears—the support obligation continues to accumulate throughout incarceration. This provision prevents payers from using imprisonment as an escape from their financial obligations.
No Limitation Period on Spousal Support Arrears
Unlike most debts in New Brunswick, spousal support arrears never expire. Support Enforcement Act, s. 43 explicitly overrides the Limitation of Actions Act, stating there is no limitation period respecting the enforcement of arrears that accrue under a support order. This means your ex-spouse cannot wait out the debt—arrears from 10, 15, or 20 years ago remain fully enforceable.
This unlimited enforcement window is particularly significant because spousal support arrears accumulate interest. Each missed payment adds to the principal balance, and the full accumulated amount remains collectible indefinitely. Payers who believe they can outlast their support obligations discover that the debt continues growing even when active enforcement pauses.
The OSE may enforce arrears that accrued before the order was filed with the Director or before the Support Enforcement Act came into force. Historical debts are fully recoverable through the same mechanisms available for current defaults.
Corporate Liability for Support Arrears
New Brunswick law prevents payers from hiding behind corporate structures to avoid spousal support. Under Support Enforcement Act, s. 28, when a payer is the sole shareholder with sole beneficial interest in a corporation, that corporation becomes jointly and severally liable for support arrears.
Once the OSE serves notice of joint liability on the corporation, the business entity is responsible for making support payments alongside the individual payer. Any enforcement measure that can be taken against the payer individually—garnishment, asset seizure, default hearing—can be taken against the corporation. Payments made by the corporation become a debt owed by the payer to the corporation, but that internal relationship does not affect the beneficiary's collection rights.
This corporate veil-piercing provision closes a common evasion strategy. Self-employed individuals who incorporate their businesses cannot shelter income by paying themselves minimal wages while accumulating profits in the corporation. The support obligation follows the money regardless of the legal structure used to hold it.
Credit Bureau Reporting
The OSE reports payers in default to credit bureaus, though s. 27(4) requires a 90-day waiting period after the support order is filed before reporting begins. Credit reporting creates lasting financial consequences—missed support payments appear on credit reports for years, affecting the payer's ability to obtain mortgages, car loans, credit cards, and even employment in some industries.
Credit damage from support defaults is difficult to repair. The entries remain on the credit report until the arrears are paid in full and sufficient time passes under credit reporting rules. For payers with significant arrears, the credit impact can extend for many years after payments finally become current.
Steps to Take When Your Ex Won't Pay Alimony
If your former spouse has stopped paying court-ordered spousal support, take these steps to initiate enforcement. First, confirm your support order is filed with the OSE—all New Brunswick court orders are filed automatically, but written agreements may require separate registration. Contact the OSE at 1-888-236-2444 or visit their website to verify registration status.
Document all missed payments, including dates payments were due, amounts owed, and any partial payments received. This documentation supports the OSE's enforcement efforts and may be needed if the matter proceeds to a default hearing. Keep copies of bank statements, cancelled cheques, and any communications with your ex-spouse regarding payments.
Report the default to the OSE immediately rather than waiting for multiple missed payments. Early intervention allows the OSE to initiate garnishment or intercept before arrears accumulate to unmanageable levels. The OSE has authority to act without court approval for most enforcement measures.
If standard enforcement proves inadequate, request that the OSE pursue a default hearing under s. 33. The threat of imprisonment often motivates payment from payers who have been avoiding other consequences. Even if jail time is not ultimately ordered, the default hearing creates a formal court record of the payer's non-compliance.
Defenses Your Ex May Raise—and How Courts Respond
Payers facing enforcement frequently claim inability to pay due to job loss, reduced income, or changed circumstances. New Brunswick courts distinguish between genuine financial hardship and strategic non-payment. Under Family Law Act, s. 71, courts may reduce arrears only when there has been a material change in circumstances or evidence unavailable at the original hearing has emerged.
Job loss alone does not excuse support obligations. Courts expect payers to seek new employment diligently, to access Employment Insurance and other benefits, and to prioritize support payments over discretionary expenses. Voluntary underemployment—taking a lower-paying job to reduce support obligations—is viewed skeptically by courts and may not result in modified payments.
Claims that the beneficiary's conduct justifies non-payment are generally rejected. Support obligations exist independent of the parties' relationship dynamics. Even if your ex-spouse is dissatisfied with parenting arrangements or harbors grievances from the marriage, those issues do not excuse support defaults. The court addresses support and other family matters separately.
Modifying Spousal Support When Circumstances Change
If your former spouse has experienced a genuine material change in circumstances, the proper response is to apply to the Court of King's Bench, Family Division to vary the support order—not to stop paying unilaterally. Variation applications require demonstrating that changed circumstances would result in a different support award under the Spousal Support Advisory Guidelines.
Until a court grants a variation, the original support order remains in full force. Arrears continue to accumulate at the original rate even if the payer files a variation application. Courts generally will not retroactively reduce support below the date the variation application was filed, so payers have strong incentive to apply promptly rather than simply defaulting.
Variation applications cost approximately $110 to file with the Court of King's Bench and require an affidavit detailing the changed circumstances. Legal representation, while not required, is advisable given the complexity of spousal support law and the potential for unintended consequences from poorly drafted applications.
When to Hire a Family Law Lawyer
While the OSE handles routine enforcement without requiring legal representation, certain situations warrant consulting a New Brunswick family law lawyer. Complex cases involving self-employed payers, corporate structures, hidden assets, or payers who have moved out of province benefit from legal guidance. Lawyers can access investigative tools such as financial disclosure requirements that are unavailable to individuals.
If your ex-spouse is actively evading enforcement—transferring assets, hiding income, or fleeing the jurisdiction—a lawyer can pursue remedies beyond the OSE's standard processes. Courts have broad equitable powers to trace and recover dissipated assets, impute income to payers who appear to be underemployed, and even hold third parties liable for assisting with evasion.
Default hearings and contempt proceedings are court appearances where legal representation provides significant advantages. While you can represent yourself at these hearings, having a lawyer present evidence, examine witnesses, and argue legal points increases the likelihood of obtaining meaningful enforcement orders. Legal Aid New Brunswick may provide representation if you meet income eligibility requirements.
Inter-Jurisdictional Enforcement
If your former spouse has moved to another Canadian province or territory, the Interjurisdictional Support Orders Act allows New Brunswick support orders to be registered and enforced in the new jurisdiction. Each province has a designated authority (similar to the OSE) that enforces out-of-province orders using local enforcement tools.
For former spouses who have moved internationally, enforcement depends on whether the destination country has a reciprocal enforcement agreement with Canada. The Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) provides for recognition and enforcement of support orders in countries that are parties to the 2007 Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance.
International enforcement can be complex and time-consuming. Countries without reciprocal agreements may not enforce Canadian support orders at all, leaving collection to Canadian mechanisms such as federal intercept of any benefits payable to Canadian citizens abroad. Legal advice is essential before pursuing enforcement against a former spouse in another country.