Wage Garnishment for Support Payments in New Brunswick: 2026 Guide

Wage garnishment for support payments in New Brunswick is enforced by the Office of Support Enforcement (OSE), a free government agency that issues a Payment Order compelling an employer to deduct support directly from a payor's paycheque before they are paid. The OSE collects over $55 million annually and acts under the Support Enforcement Act, SNB 2005, c. S-15.5.

Wage garnishment divorce New Brunswick cases are processed automatically because every support order issued in the province is filed with the OSE at no cost. This guide explains how income withholding orders work, what income sources can be garnished, the legal authority behind automatic wage deduction for child support, and how garnished wages for alimony move through the support enforcement wage system.

Key Facts: Wage Garnishment and Support Enforcement in New Brunswick

Filing fees as of June 2026. Verify with your local clerk at the Court of King's Bench, Family Division.

How Wage Garnishment Works for Support in New Brunswick

Wage garnishment in New Brunswick begins when the Office of Support Enforcement issues a Payment Order under the Support Enforcement Act, SNB 2005, c. S-15.5 § 15, which legally compels a payor's employer to deduct the support amount from each paycheque and remit it to the OSE before the payor receives their pay. This process is free and applies automatically to every filed order.

The mechanism is administrative rather than adversarial. When a payor falls into arrears, the OSE's first action is usually tracing the payor's employment and issuing the Payment Order. The employer then becomes legally obligated to redirect the specified support amount, sending it to the OSE rather than to the employee. The OSE records each payment and disburses funds to the recipient parent, maintaining a complete ledger of what was owed, what was paid, and what arrears remain. New Brunswick's OSE collects more than $55 million each year for beneficiaries through these mechanisms, making the support enforcement wage system the dominant method of collecting child and spousal support in the province.

Automatic Enrollment in the Office of Support Enforcement

In New Brunswick, all support orders issued by the Court of King's Bench are automatically filed with the Office of Support Enforcement, and the recipient has just 8 days to opt out and collect payments directly from the payor instead. This automatic enrollment under the Support Enforcement Act, SNB 2005, c. S-15.5 distinguishes New Brunswick from provinces requiring active registration.

Once an order is filed, OSE staff mail a package containing directions and information to both parties. The beneficiary has 8 days to opt out of the program by filing the appropriate notice, after which the OSE manages collection. A recipient who opts out can opt back in at any time by filing a Notice to File Support Order form, and either party may apply to withdraw later by filing an Application to Withdraw from OSE form. Because enrollment is the default, most New Brunswick support recipients never need to take affirmative steps to activate enforcement. The order arrives at the OSE automatically, the agency monitors payments, and if the payor defaults, the OSE can move to issue an income withholding order without the recipient filing a separate court motion.

What Income and Assets Can Be Garnished

The Office of Support Enforcement can garnish a broad range of income and assets, including wages, pensions, income tax refunds, GST credits, workers' compensation benefits, and bank accounts—including jointly held accounts. This wide scope under the Support Enforcement Act, SNB 2005, c. S-15.5 ensures that support can be collected even when a payor lacks conventional employment income.

The garnishment power extends beyond paycheques. Examples of monies that can be garnished include employment wages, federal and provincial benefits, tax refunds processed through the Canada Revenue Agency, and money held in financial institutions. Jointly held bank accounts are reachable, which matters when a payor attempts to shelter funds in a shared account. The OSE also possesses investigative authority: it can demand information about a payor's location, contact details, salary, employment, assets, or any other information necessary to enforce the order. For self-employed payors whose wages cannot be garnished, the OSE can seize funds directly from personal or business bank accounts, intercept tax refunds, and pursue other enforcement remedies, closing the gap that self-employment might otherwise create in the support enforcement wage framework.

Voluntary Income Withholding Set Up by the Payor

A payor in New Brunswick can proactively arrange automatic wage deduction for child support before any enforcement action by completing a Notice of Arrangement with Income Source, which directs their employer to deduct regular support payments and forward them to the OSE at no cost. This voluntary income withholding order avoids the arrears and credit consequences of involuntary garnishment.

Voluntary withholding gives payors control and predictability. Rather than waiting for the OSE to trace employment and issue a garnishment after a missed payment, the payor and employer complete and sign the Notice of Arrangement with Income Source and return the original to the office. The employer then deducts each support installment and remits it directly. Alternatively, a payor may request that the OSE arrange the deductions with the employer through a voluntary payment order—also a free service. This approach benefits payors who travel, have irregular pay cycles, or simply want to guarantee compliance without managing manual payments. Because the deduction occurs at the income source, the payor never misses an installment, arrears never accrue, and the recipient receives reliable, on-time support through the same channel used for garnished wages alimony enforcement.

Escalation Beyond Wage Garnishment

When wage garnishment is insufficient or impossible, the Office of Support Enforcement can suspend a payor's driver's licence, seize bank account funds, intercept Canada Revenue Agency tax refunds, report arrears to credit bureaus, and request federal passport denial when arrears exceed three months or $3,000. These escalating remedies are authorized under the Support Enforcement Act, SNB 2005, c. S-15.5.

The OSE maintains a tiered enforcement toolkit. If wages cannot be garnished—for example, when a payor is self-employed or unemployed—the agency seizes funds from personal or business bank accounts, intercepts federal payments, or refers the matter to Service New Brunswick for driver's licence suspension. Federally, the OSE coordinates with the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) to intercept income tax refunds and Employment Insurance benefits, and to deny federal licences including passports once arrears surpass three months or $3,000. The agency can also report missed payments to credit bureaus, damaging the payor's credit standing. Under Support Enforcement Act, SNB 2005, c. S-15.5 § 33, the court may hold a default hearing requiring the payor to appear, give evidence, or file a financial statement, and may take any action authorized under sections 22 or 23 of the Family Law Act, SNB 2020, c. 23.

Federal Garnishment Tools That Support Provincial Enforcement

Two federal statutes reinforce New Brunswick's garnishment system: the Family Orders and Agreements Enforcement Assistance Act, which intercepts federal payments like tax refunds and Employment Insurance, and the Garnishment, Attachment and Pension Diversion Act (GAPDA), which intercepts federal pension benefits to satisfy support debts. GAPDA is current to March 2, 2026.

These federal tools fill gaps that provincial garnishment alone cannot reach. Under Part I of GAPDA, federal payments such as tax refunds and Employment Insurance benefits can be intercepted to satisfy a family support debt. Part II addresses federal pensions specifically, allowing certain federal pension benefits to be diverted to satisfy a financial support order—but only for support, not other debts. A recipient not registered with the OSE may apply directly under FOAEAA or GAPDA to enforce an order independently. The federal-provincial framework divides responsibility: provinces and territories enforce support obligations primarily, while Ottawa assists by reaching payments and benefits flowing from federal programs. Changes to FOAEAA Part II are expected to come into force in 2026, expanding the federal interception capacity that complements New Brunswick's automatic wage deduction child support enforcement.

When Support Amounts Change: The Recalculation Service

The Office of Support Enforcement enforces the amount in an existing order but cannot change or recalculate it; New Brunswick instead offers a free Child Support Recalculation Service (CSRS) that annually updates orders based on current income without a court application. To qualify, both parents must reside in NB, the order must be at least one year old, and neither parent's income can exceed $150,000.

This distinction is critical for payors facing garnishment after an income drop. The OSE is strictly an enforcement body—it garnishes wages to collect what the order requires but has no power to reduce the obligation. A payor whose income falls must either apply to the Court of King's Bench to vary the order or use the CSRS. Under New Brunswick's guidelines (NB Reg 2021-19, made under the Family Law Act, SNB 2020, c. 23), the CSRS recalculates support based on updated income documents and issues a Recalculation Decision; either parent then has 30 days to object. When both parents ordinarily reside in New Brunswick, the NB Child Support Guidelines govern every determination, including divorces under the federal Divorce Act, R.S.C. 1985, c. 3. Until an order is formally varied, the original garnishment amount remains enforceable, so payors should act quickly rather than simply stopping payment.

Wage Garnishment Timeline and Cost Comparison

Wage garnishment through the OSE is free, while enforcing an order privately through court motions involves filing fees and potential legal costs. The table below compares the two enforcement routes available to New Brunswick support recipients under the Support Enforcement Act, SNB 2005, c. S-15.5.

For most New Brunswick families, the OSE route is both faster and cheaper. Because every order is automatically filed and enforcement requires no separate motion, recipients avoid the $110-plus court costs and delays associated with private enforcement. The OSE's coordinated provincial and federal powers also reach income sources—pensions, tax refunds, EI benefits—that a private litigant would struggle to garnish alone.