Back child support in New Brunswick refers to unpaid child support that has accumulated as a legal debt, known as arrears. The Office of Support Enforcement (OSE) enforces these arrears at no cost to the recipient, collecting more than $55 million annually for New Brunswick families. Arrears remain legally collectible for up to six years after each missed payment, and OSE can garnish wages, intercept federal tax refunds, suspend passports, and report debts to credit bureaus.
This guide explains how back child support works in New Brunswick, who enforces it, what powers the Office of Support Enforcement holds, how interest accumulates, and what options exist for parents who owe child support debt or are owed past due child support. The framework draws on the provincial New Brunswick Support Enforcement Act § 1 and the New Brunswick Family Law Act § 38, with child support amounts set under the Federal Child Support Guidelines.
Key Facts: Back Child Support in New Brunswick
| Factor | New Brunswick Detail |
|---|---|
| Enforcement Agency | Office of Support Enforcement (OSE), formerly Family Support Orders Service |
| Governing Statute | Support Enforcement Act, SNB 2005, c. S-15.5 |
| Cost to Recipient | Free (no charge for enforcement) |
| Arrears Collection Window | Up to 6 years after each missed payment |
| Enforcement Phone | 1-844-673-4499 |
| Annual Collections | More than $55 million |
| Divorce Filing Fee | $110 (petition + clearance certificate) |
| Residency Requirement | 1 year ordinarily resident (Divorce Act, s. 3(1)) |
What Is Back Child Support in New Brunswick?
Back child support in New Brunswick is the total of all child support payments a payor failed to make on time, accumulated into a single enforceable debt called arrears. Every support order issued by the Court of King's Bench is automatically filed with the Office of Support Enforcement, which tracks the running balance. Once a payment is missed, that amount becomes past due child support and remains collectible for six years from the missed date.
New Brunswick treats child support arrears as a binding legal obligation, not a flexible expectation. When a court issues or varies a support order, the amount owed each month is fixed under the Federal Child Support Guidelines, adopted provincially through NB Reg 2021-19 effective March 1, 2021. The Guidelines apply to orders under both the federal Divorce Act and the provincial Family Law Act. If a payor stops paying, the unpaid balance does not disappear — it converts into arrears that follow the payor until cleared, satisfied through enforcement, or formally reduced by a court. Unlike some debts, child support arrears generally cannot be discharged through ordinary negotiation, and the payor carries the burden of proving any inability to pay.
Who Enforces Back Child Support in New Brunswick?
The Office of Support Enforcement (OSE) enforces back child support in New Brunswick, collecting more than $55 million each year for beneficiaries at no cost to the recipient parent. Formerly called the Family Support Orders Service, OSE receives, records, and forwards payments and takes enforcement action when payors default. Parents can register an order by calling 1-844-673-4499.
When the Court of King's Bench issues a support order, it is automatically filed with OSE under the New Brunswick Support Enforcement Act § 1. The office then mails a package with directions to both parties. The beneficiary has eight days to opt out and collect payments directly from the payor. If the beneficiary stays in the program, OSE monitors every payment and acts when money does not arrive. Either party may later withdraw by filing an Application to Withdraw from OSE form, or opt back in by filing a Notice to File Support Order. Historically, the agency has faced heavy caseloads — at one point 26 enforcement officers each managed roughly 530 files, and about 60 percent of cases carried some arrears — which is why prompt registration and documentation matter for recovering child support debt.
How Does the Office of Support Enforcement Collect Arrears?
The Office of Support Enforcement collects back child support using powerful tools: it can garnish wages, intercept federal tax refunds and Employment Insurance benefits, suspend the payor's passport and federal licenses, and report arrears to credit bureaus. These enforcement measures are available at no cost to the recipient and operate under the Support Enforcement Act, SNB 2005, c. S-15.5.
The enforcement powers under the New Brunswick Support Enforcement Act § 1 escalate based on the payor's conduct and ability to pay. Wage garnishment redirects income directly from an employer to OSE before it reaches the payor. Federal interception captures tax refunds and EI benefits through agreements with the federal government. Passport and federal license suspension applies pressure by restricting travel and certain credentials. Credit bureau reporting flags the debt, affecting the payor's ability to borrow. When these administrative tools fail, OSE can escalate to a default hearing in court. The Act also allows flexible crediting: money received from a prescribed source may be applied to reduce total arrears even when a payment schedule or suspension is in place, ensuring that recovered funds steadily lower the child support debt owed.
What Happens at a Default Hearing for Child Support Arrears?
At a default hearing in New Brunswick, the payor is presumed able to pay all arrears unless proven otherwise. If the payor cannot satisfy the court that the default stems from genuine inability to pay, the court may order a payment plan, require payment of all or part of the arrears, order periodic reporting, and may even order imprisonment of the payor under the Support Enforcement Act.
The default hearing is the most serious enforcement step under the New Brunswick Support Enforcement Act § 1. The statute reverses the usual burden of proof: a payor is presumed to have the ability to pay arrears and to make subsequent payments as they become due. This means the payor — not the recipient — must produce financial evidence showing genuine inability. If the payor fails this test, the court holds broad authority. It can direct the Director to issue a payment order, compel payment of all or a portion of the past due child support, require the payor to report to the court at intervals, and, in extreme cases, order imprisonment. The court may also take any action authorized under sections 22 or 23 of the Family Law Act. These combined powers make default hearings an effective last resort when a parent persistently owes child support and ignores administrative enforcement.
Does Interest Accumulate on Back Child Support in New Brunswick?
Yes. Interest accumulates on unpaid child support arrears in New Brunswick, increasing the total child support debt over time. Arrears remain collectible for up to six years after each missed payment, and interest continues to grow the balance throughout the enforcement period. Courts retain discretion to relieve interest when varying an order under the Family Law Act.
Interest on arrears raises the stakes for any parent who owes child support in New Brunswick. While the principal balance reflects the missed payments themselves, interest compounds the debt, meaning a payor who delays for years can owe substantially more than the original support amount. The collection window — six years from each missed payment — runs separately for each installment, so older arrears may eventually fall outside the enforceable period even as newer arrears remain fully collectible. Importantly, the New Brunswick Family Law Act § 38 framework allows a court, when varying a child support order, to relieve the obligated person from payment of part or all of the arrears or any interest due on those arrears. This relief is not automatic — the payor must apply to court and demonstrate a legitimate change of circumstances under the child support guidelines before any reduction is granted.
Can Back Child Support Be Reduced or Cancelled in New Brunswick?
Back child support in New Brunswick can be reduced or cancelled only by court order, not by agreement with the Office of Support Enforcement. When varying a support order, a court may discharge, vary, or suspend any term prospectively or retroactively, and may relieve the payor from part or all of the arrears or interest. The payor must first prove a material change of circumstances.
Reducing established arrears is difficult by design. Under the New Brunswick Family Law Act § 38, before a court makes an order varying a child support order, it must satisfy itself that a change of circumstances — as provided for in the child support guidelines — has occurred since the original order. Only then can the court discharge, vary, or suspend terms retroactively and relieve the payor of arrears or interest. Common grounds include a substantial, involuntary income loss or a documented inability to pay during the period the arrears accrued. Notably, the Child Support Recalculation Service cannot be used to deal with arrears — it only adjusts ongoing amounts based on updated income and is unavailable when the sole goal is adjusting unpaid support. Retroactive reduction therefore requires a formal court application, supporting financial evidence, and often guidance from a family law lawyer, because Canadian courts apply principles from leading cases such as D.B.S. v. S.R.G. and Michel v. Graydon when assessing retroactive arrears claims.
What Happens to Arrears If the Payor Dies?
When a child support payor dies in New Brunswick, the ongoing support order terminates, but any unpaid arrears become a debt of the payor's estate under the Family Law Act. The estate remains liable for past due child support. A court may relieve the estate of this liability only if enforcing the arrears would be grossly unfair under the circumstances.
The death of a payor does not erase accumulated child support debt in New Brunswick. Under the New Brunswick Family Law Act § 29, child support orders terminate on the obligor's death, yet unpaid arrears survive as an enforceable claim against the deceased's estate. This protects children and recipient parents who would otherwise lose years of owed support. The recipient — or OSE acting on the recipient's behalf — can pursue the estate through the same enforcement framework, treating the arrears as a debt the executor must address before distributing assets to heirs. The statute provides a narrow exception: a court may relieve the estate from this liability where enforcement would be grossly unfair, weighing factors such as the estate's size, competing obligations, and the conduct of the parties. This relief is discretionary and exceptional, not a default outcome, so estates generally remain responsible for clearing outstanding back child support.
How Do You Register Back Child Support for Enforcement in New Brunswick?
To register back child support for enforcement in New Brunswick, contact the Office of Support Enforcement at 1-844-673-4499 to file your support order. Enforcement is free for the recipient. Because all orders from the Court of King's Bench are automatically filed with OSE, most beneficiaries are enrolled by default and have eight days to opt out if they prefer direct payment.
Registration is straightforward because the system is built to capture orders automatically. Under the New Brunswick Support Enforcement Act § 1, every support order the court issues is filed with OSE, which then mails directions to both the payor and the beneficiary. The beneficiary has eight days to opt out and receive payments directly; staying enrolled keeps OSE's full enforcement toolkit active. If a beneficiary previously withdrew but now faces missed payments, they can opt back in at any time by filing a Notice to File Support Order. For recipients enforcing an out-of-province or agreement-based order, calling the enforcement line at 1-844-673-4499 is the fastest route to confirm filing status and begin collection. Once active, OSE monitors payments, records arrears, and applies escalating enforcement — wage garnishment, federal interception, license suspension, and credit reporting — without charging the recipient for any of these collection efforts.
Filing Fees and Court Costs in New Brunswick
The divorce filing fee in New Brunswick is $110 total, consisting of $100 for the petition and $10 for the Clearance Certificate from the Central Registry of Divorce Proceedings, under Rules of Court, Rule 72.24. After judgment, a Certificate of Divorce (Form 72O) costs an additional $7. As of June 2026. Verify with your local clerk.
Filing fees apply to the underlying divorce and support proceedings rather than to enforcement of arrears, which OSE handles at no cost. The $110 fee covers the petition and the mandatory clearance certificate confirming no other divorce is pending. Payments are made by cheque or money order to the Minister of Finance for the Province of New Brunswick. Fee waivers exist for eligible residents: those receiving social assistance under the Family Income Security Act or represented by Legal Aid are exempt from filing fees under Rules of Court, Rule 72.24(2). Divorce proceedings — including child support determinations — are filed with the Court of King's Bench, Family Division, which operates across eight judicial districts with offices in Bathurst, Campbellton, Edmundston, Fredericton, Miramichi, Moncton, Saint John, and Woodstock. The court was formerly named the Court of Queen's Bench, renamed after the accession of King Charles III. Filing occurs in the district where a spouse resides or where the children ordinarily reside if parenting arrangements are at issue.
Contested vs. Uncontested Arrears Enforcement Timelines
| Scenario | Typical Process | Enforcement Speed |
|---|---|---|
| Payor cooperates, sets up plan | OSE arranges voluntary payment schedule | Fastest; weeks |
| Wage garnishment (employed payor) | OSE orders employer to redirect income | Moderate; income located first |
| Federal interception | Tax refund / EI captured at source | Tied to federal payment timing |
| Disputed inability to pay | Default hearing before Court of King's Bench | Slower; court scheduling |
| Self-employed / hidden income payor | Debtor tracing, license suspension, credit reporting | Variable; may take months |
Enforcement speed depends heavily on whether the payor cooperates and how easily their income can be located. A cooperative, employed payor can be brought current quickly through garnishment, while a self-employed payor who conceals income may require debtor tracing, passport and license suspension, and credit bureau reporting before arrears move. The New Brunswick Support Enforcement Act § 1 gives OSE access to databases maintained by other provincial departments to facilitate tracing of defaulters, which helps locate payors who change jobs or addresses to avoid paying past due child support.
Parenting Arrangements and Support Obligations
Child support in New Brunswick is calculated independently of parenting arrangements, though parenting time can affect the amount owed under the Federal Child Support Guidelines. The parent with primary parenting time typically receives support, while shared parenting (40 percent or more time with each parent) can change the calculation. Decision-making responsibility — the authority to make major decisions for a child — does not by itself determine who pays support.
New Brunswick follows Canadian family law terminology that focuses on the child's needs rather than parental control. The Federal Child Support Guidelines, adopted provincially under NB Reg 2021-19, base support primarily on the payor's income and the number of children. Under a shared parenting arrangement, where each parent has the child at least 40 percent of the time, courts apply a set-off approach that can reduce the higher earner's payment. Changes to parenting time or a child's living situation can constitute a change of circumstances justifying a variation under the New Brunswick Family Law Act § 38. Importantly, a parent cannot withhold parenting time because support is unpaid, nor stop paying support because parenting time is denied — New Brunswick courts treat these as separate legal issues, each enforceable on its own terms.