When a parent fails to pay child support in New Brunswick, the provincial Office of Support Enforcement (OSE) has extensive powers to collect arrears, including wage garnishment, federal benefit interception, driver's license suspension, passport denial, and incarceration for up to 90 days. The OSE collects over $55 million annually for New Brunswick families at no cost to recipient parents. Under the Support Enforcement Act, SNB 2005, c. S-15.5, enforcement begins automatically when payments are missed, and the federal Family Orders and Agreements Enforcement Assistance Act (FOAEA) enables passport denial when arrears reach $3,000 or three missed payments.
Key Facts: Child Support Enforcement in New Brunswick
| Category | Details |
|---|---|
| Enforcement Agency | Office of Support Enforcement (OSE), Grand Falls |
| Annual Collections | Over $55 million |
| Cost to Recipient | Free enrollment and enforcement |
| Passport Denial Threshold | $3,000 in arrears OR 3 missed payments |
| Maximum Jail Sentence | 90 days for contempt |
| Variation Filing Fee | $100.00 (as of March 2026) |
| Fee Waiver Available | Yes, for social assistance recipients and financial hardship |
| Enforcement Fees to Payor | Fees charged for tracing, garnishment, default hearings |
| Credit Bureau Reporting | Yes, missed payments reported |
| Automatic Enrollment | All support orders automatically filed with OSE |
How Child Support Enforcement Works in New Brunswick
New Brunswick automatically enrolls all child support orders with the Office of Support Enforcement upon issuance, eliminating the need for recipient parents to take action. Under the Support Enforcement Act, SNB 2005, c. S-15.5, the OSE monitors all payments and intervenes immediately when a payor falls behind. The system processes over $55 million in child support payments annually, with enforcement staff authorized to use progressively aggressive collection methods as arrears accumulate. Recipient parents have eight days after receiving their enrollment package to opt out if they prefer direct payment arrangements.
The enforcement framework operates on two levels: provincial powers under New Brunswick's Support Enforcement Act and federal powers under the Family Orders and Agreements Enforcement Assistance Act (FOAEA). Provincial tools include wage garnishment, driver's license suspension, property liens, and contempt proceedings. Federal tools add passport denial, interception of tax refunds, Employment Insurance benefits, Canada Pension Plan payments, and GST credits. This dual-jurisdiction approach ensures comprehensive enforcement regardless of where the payor works or receives income.
Timeline of Enforcement Escalation
Enforcement escalates systematically based on the amount and duration of arrears. Wage garnishment typically begins within 30 days of the first missed payment, while federal passport denial requires either $3,000 in accumulated arrears or three consecutive missed payments. Credit bureau reporting occurs after payments are missed, potentially affecting the payor's ability to obtain loans, mortgages, or credit cards for seven years. The most severe consequence—a jail sentence of up to 90 days—requires a default hearing before the Court of King's Bench and is reserved for payors who have the ability to pay but willfully refuse.
Wage Garnishment and Income Interception
Wage garnishment is the most common enforcement tool used by the New Brunswick Office of Support Enforcement, allowing direct deduction from a payor's paycheck before they receive it. Under the Support Enforcement Act, Section 26, the OSE can garnish wages, commissions, pensions, workers' compensation benefits, short-term and long-term disability payments, and bank accounts including jointly-held accounts. There is no minimum arrears threshold—garnishment can begin immediately upon the first missed payment. Employers who receive a garnishment order must comply within 15 days or face penalties.
The garnishment amount typically equals the ongoing support obligation plus an additional amount toward arrears. New Brunswick does not cap garnishment at a specific percentage of income the way some American jurisdictions do, but amounts must leave the payor with sufficient income for basic living expenses. The Director of the OSE has discretion to adjust garnishment amounts based on the payor's financial circumstances while prioritizing the child's right to support.
Federal Payment Interception Under FOAEA
When a payor has federal income sources, the OSE uses the Family Orders and Agreements Enforcement Assistance Act (FOAEA) to intercept payments before they reach the payor. Federal sources subject to interception include:
- Income tax refunds from the Canada Revenue Agency
- Employment Insurance (EI) benefits
- Canada Pension Plan (CPP) payments
- Old Age Security (OAS) payments
- GST/HST credits
- Canada Child Benefit (if the payor receives it erroneously)
- Veterans' pensions and allowances
The OSE issues a payment order to federal sources when a payor falls into arrears. Unlike provincial garnishment, federal interception captures one-time payments like tax refunds in their entirety, making it particularly effective for collecting lump-sum arrears. In fiscal year 2000-2001, Canadian maintenance enforcement programs collected over $218 million through FOAEA interceptions nationwide.
Driver's License and Passport Suspension
New Brunswick can suspend a payor's driver's license when child support remains unpaid, creating immediate practical consequences that often motivate payment. Under Section 26 of the Support Enforcement Act, the OSE Director sends notice to the New Brunswick Registrar of Motor Vehicles to revoke and suspend the license. The suspension remains in effect until arrears are paid in full or the payor enters into an acceptable payment arrangement with the OSE. This enforcement tool is particularly effective because it affects daily life immediately—preventing travel to work, school, or other essential activities.
Passport denial operates under federal authority through FOAEA when arrears reach $3,000 or the payor has missed three consecutive payments. The federal licence denial service processes applications from provincial enforcement programs to suspend and deny Canadian passports. As of June 2001, over 12,000 valid applications for federal licence and passport denial had been processed nationally, representing approximately 2.5% of the total maintenance enforcement caseload. This selective use indicates that passport denial is reserved for cases of chronic default rather than temporary financial difficulties.
Other Federal Licenses Subject to Denial
Beyond passports, FOAEA authorizes denial or suspension of other federally-issued licenses:
- Aviation certificates (pilot licenses)
- Marine certificates (fishing boat licenses, navigation certificates)
- Federal firearms licenses
- Interprovincial transport permits
These denials can devastate a payor's livelihood if they work in aviation, fishing, or transport industries—creating powerful incentive to pay arrears or negotiate a payment plan.
Credit Bureau Reporting and Financial Consequences
The New Brunswick Office of Support Enforcement reports missed child support payments to credit bureaus, creating long-lasting financial consequences for non-paying parents. Once reported, child support arrears appear on the payor's credit report for seven years from the date of delinquency. This reporting can prevent the payor from obtaining mortgages, car loans, credit cards, apartment rentals, and even employment in positions requiring credit checks. The financial impact extends far beyond the immediate arrears, affecting the payor's ability to rebuild their life and potentially reducing their future earning capacity.
Credit damage begins accumulating immediately when payments are missed and continues until arrears are fully paid. Even after paying off arrears, the negative payment history remains on the credit report for the full seven-year period. For payors hoping to purchase a home, start a business, or obtain any form of financing, this credit damage can be catastrophic. The OSE uses credit reporting strategically to motivate payment from payors who might otherwise ignore garnishment or other collection efforts.
Default Hearings and Contempt of Court
When other enforcement methods fail, the OSE can require the payor to attend a default hearing before the Court of King's Bench, Family Division. Under the Support Enforcement Act, the Director may require payors to file financial statements and appear before a judge or court administrator to determine their ability to pay. At the default hearing, the court examines the payor's income, assets, expenses, and reasons for non-payment. If the court finds the payor has the ability to pay but willfully refuses, contempt proceedings may follow.
A finding of contempt of court for child support non-payment can result in imprisonment for up to 90 days in New Brunswick. However, no payor is jailed for genuine inability to pay—the court must find willful refusal despite having the means. Before ordering incarceration, the court typically exhausts other options including wage garnishment, property liens, and payment plan arrangements. The threat of jail often motivates payment from payors who have been hiding income or assets.
Fees Charged to Payors for Enforcement Actions
Under the Support Enforcement Act, proclaimed in 2008, the OSE charges fees to payors for certain enforcement actions. These fees include:
- Tracing fees (both provincial and federal database searches)
- Garnishment issuance fees
- Default hearing fees
- NSF (non-sufficient funds) fees for dishonored payments
- Other dishonored payment fees
These fees are added to the payor's arrears balance, creating additional incentive to maintain current payments and avoid enforcement actions. The recipient parent is never charged for OSE services—enforcement is entirely free to the parent owed support.
Property Liens and Asset Seizure
The OSE can register liens against a payor's real property (land, houses, buildings) to secure payment of child support arrears. A lien prevents the payor from selling or refinancing the property without first paying the arrears in full. If the payor attempts to sell property with a lien attached, the child support arrears are paid from the sale proceeds before the payor receives any money. For payors with significant real estate holdings, this enforcement tool can freeze their ability to access equity while protecting the recipient's claim to arrears.
Beyond real property liens, the court may order security for up to three months of the support obligation, requiring the payor to deposit funds or post a bond guaranteeing future payments. The court can also appoint receivers to take control of the payor's assets and income, selling property if necessary to satisfy arrears. These aggressive enforcement measures are typically reserved for high-income payors who are deliberately evading support obligations while maintaining significant assets.
What Recipient Parents Should Know
Recipient parents benefit from automatic enrollment with the Office of Support Enforcement at no cost. The OSE handles all collection efforts, allowing parents to focus on raising their children rather than chasing payments. To maximize enforcement effectiveness, recipient parents should provide the OSE with updated information about the payor's employer, address, bank accounts, and other income sources. The more information the OSE has, the faster they can locate and garnish income when payments stop.
If you are not receiving payments and are enrolled with the OSE, contact them at 1-844-673-4499 to verify they have current payor information. The Grand Falls office address is PO Box 5001, Grand Falls, NB E3Z 1G1. You can also set up automatic notifications through the OSE system to track when payments are received and deposited to your account. While the OSE works diligently to collect support, having accurate payor information dramatically improves collection success rates.
When Arrears Cannot Be Collected
In some circumstances, child support arrears may be uncollectible despite the OSE's best efforts. If the payor dies, arrears become a debt of the estate under NB Family Law Act, Section 29(1), but the ongoing support obligation terminates. However, courts may relieve the estate from paying arrears under Section 29(2) if enforcement would be "grossly unfair"—for example, if the estate is minimal and would leave surviving children of the deceased without inheritance.
The Child Support Recalculation Service cannot adjust unpaid child support arrears retroactively. If you believe arrears should be reduced or forgiven, you must file a variation application with the Court of King's Bench, Family Division at a cost of $100.00 (as of March 2026). Fee waivers are available under Form 72FF for parties receiving assistance under the Family Income Security Act or experiencing financial hardship. Note that courts rarely reduce arrears unless the payor demonstrates genuine inability to pay during the period when arrears accumulated.
What Payors Should Know
Payors facing difficulty making child support payments should communicate proactively with the OSE rather than simply stopping payment. The OSE can arrange payment plans for arrears and may adjust expectations based on documented financial hardship. Ignoring child support obligations leads to escalating enforcement actions, credit damage, and potentially jail time—consequences that make future payment even more difficult.
If your income has decreased significantly, you may apply to modify your support order through the Court of King's Bench, Family Division. The filing fee is $100.00 (as of March 2026), with fee waivers available for those on social assistance or experiencing financial hardship. The Child Support Recalculation Service offers a simpler process for adjustments based on income changes, but cannot address accumulated arrears. Acting quickly when financial circumstances change prevents arrears from accumulating to unmanageable levels.
Paying Electronically to the OSE
The Office of Support Enforcement accepts electronic payments through several convenient methods. You can set up bill payment through your bank using "Family Support Province of NB" as the payee. In addition to over-the-counter payments at Service New Brunswick locations, you can pay online or by calling 1-888-762-8600. Electronic payments typically post faster than checks, reducing the risk of late payment fees and enforcement actions. Setting up automatic recurring payments ensures you never miss a payment date, protecting your credit and avoiding enforcement escalation.
Enforcement Across Provincial and International Borders
Child support orders issued in New Brunswick are enforceable throughout Canada under the Divorce Act, RSC 1985, c. 3 (2nd Supp.). If the payor moves to another province, the New Brunswick OSE works with that province's maintenance enforcement program to continue collection. The payor cannot escape enforcement by relocating within Canada—all provinces participate in reciprocal enforcement agreements and share debtor information through federal databases.
International enforcement operates under the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. Under Sections 28.4 to 29.5 of the Divorce Act, support orders recognized under the Hague Convention are deemed orders under Section 17, have legal effect throughout Canada, and may be enforced in any manner provided by provincial law. If the payor flees to a Hague Convention country, the New Brunswick OSE can coordinate enforcement through international channels.