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Please note that Family Support Orders Service (FSOS) is now the Office of Support Enforcement (OSE). For all inquiries, please call the Toll-Free Infoline: 1-888-488-3767, or visit their website at http://www2.gnb.ca/content/gnb/en/departments/jps/justice/content/fsos.html 

Office of Support Enforcement 

What is the Office of Support Enforcement?

The Office of Support Enforcement (OSE) is a part of the New Brunswick Department of Justice and Public Safety. Its goal is to promote a dependable flow of support payments.
OSE focuses on helping parents support their children.  OSE monitors and enforces support orders and agreements filed with the service by:

  • receiving payments from the Payer (the person paying the support);
  • keeping records of payments that are made;
  • forwarding the payment to the Beneficiary (the person receiving the support);
  • taking steps (when necessary) to ensure the Payer makes the required payments.

OSE does not pay beneficiaries until the due date specified in the support order or agreement. Any overpayments or early payments received by OSE will be credited when future obligations come due.

Order or Agreement? Beneficiaries and/or Payers who do not have court orders and who make their own support agreements (with or without the services of a lawyer) may register these agreements with the Court and then file them with OSE if the agreement meets certain legal requirements. The term“agreement” can replace the term“order” throughout this pamphlet.

How is an order filed with OSE?

In New Brunswick, support orders issued by the New Brunswick Court of Queen’s Bench, Family Division under the Family Services Act or the Divorce Act are automatically filed with OSE.

If you live in New Brunswick and have a Canadian court order, you can opt into OSE. To do so, you must file a Notice to File a Support Order Form. This is also possible for orders from American states or some other countries.

Check with OSE if you have questions about a support order made outside of Canada.

If the beneficiary lives outside of New Brunswick, he or she should contact the office responsible for enforcement of support in his or her area.

Opting Out: The person receiving support, the beneficiary, may choose to receive payments directly from the payer instead of using OSE to collect their support. To ensure the support order will not be filed with OSE, the beneficiary must file a Notice Not To File A Support Order Form.

What can OSE do to try to collect support payments?

OSE has the authority under federal and provincial laws to use various methods, when necessary, to collect overdue support payments. The methods OSE can use include, but are not limited to:

  • Initiate a Payment Order. This is commonly known as garnishment. Some examples of monies that can be garnished include: wages, pensions, income tax refunds, GST redits, workers’compensation benefits, and bank accounts, including jointly held back accounts;
  • Demand information about a payer’s location, contact information, salary, employment, assets, or any other information that is considered necessary to enforce the order. The information demands can bemade to anyone, and may be done through direct searches of designated information banks. Information demanded must be provided within 14 days;
  • Report a payer to a credit bureau where the payer owes an amount greater than 3 months of support payments;
  • Suspend or revoke a payer’s drivers licence if the payer owes an amount greater than 4 months of support payments;
  • Make corporations liable for support owed by a payer where the Payer or the Payer’s family owns the corporation;
  • Ask the federal government to suspend, refuse to issue, or refuse to renew the payer’s passport and/or federal aviation ormarine license if the payer owes an amount greater than 3 months of support payments;
  • Bring the case to Court for a Judge or Court Administrator to decide on additional enforcement action. This is called an enforcement hearing.

For further information about the enforcement methods available to OSE, check out the other publications in this series.

Are there actions OSE cannot do?

The OSE CANNOT:

  • Give legal advice or act as a lawyer or counselor for either party;
  • Change the amount of your support order or agreement in any way based on changes in income;
  • Become involved in child access or visitation issues.

What are the payer’s responsibilities?

  • Pay support obligations before any other obligations. Courts treat support payments as a priority;
  • Make your support payment through OSE unless the support order or agreement is not filed with OSE;
  • Keep OSE informed of any change in your information or circumstances. In addition to being a legal requirement, it is in your best interest to provide proof if you change employment, are no longerworking, or are collecting income fromother sources such as employment insurance,worker’s compensation, etc.;
  • Inform OSE immediately if you anticipate problems with paying your support;
  • Make your payments by the due date as set out in your order. If this is not possible and there has been a change in your financial circumstances, it is up to you to seek a variation order. This may be done through mediation or Family Court.

Note: Child custody and support are two separate legal issues. If parents are having trouble making satisfactory support or parenting arrangements, they may use the services of a mediator to help resolve matters. Alternatively, they may seek independent legal advice and, if necessary, ask the court to decide.

What are the responsibilities of the beneficiary?

You must keep OSE informed of any changes in the information in your file. Be sure to contact OSE immediately about things like changes in address or telephone numbers. OSE requires a valid mailing address to process your payment. If OSE finds they do not have a valid mailing
address, they will stop all payments until they receive a valid address, even if arrangements have been made for electronic payments or direct deposit.

How does a payer make support payments to OSE?

Payments can be made:

  • Electronically
    The Office of Support Enforcement (OSE) can receive support
    payments made electronically through your bank using
    services such as telephone banking and internet or online
    banking.

    Contact your online or telephone banking service provider and
    set up your electronic payment as you would with other bills.
    You can also set up your OSE payment as a recurring payment.
    Your account number for this purpose is your OSE account
    number, which begins with the letters SE. If you do not know
    your account number, call the Central Payment Office at
    (506) 444-4131.
     
  • By Mail
    Money orders, business cheques and certified personal
    cheques must be made payable to the Minister of Finance and
    may be sent by mail directly to the Central Payment Unit (CPU)
    office in Fredericton. Uncertified personal cheques are not
    accepted.

    OSE Central Payment Unit
    Chancery Place, Suite 1089 PO Box 6000
    Fredericton, N.B. E3B 5H1
     
  • Over the Counter
    In-person payments will only be accepted at Service New
    Brunswick (SNB) locations across the province. To find Service
    New Brunswick locations and operating hours, please call
    1-888-762-8600 or visit www.SNB.ca. Payments can be made in
    person with cash, money order, debit, Visa, MasterCard,
    certified personal cheque or business cheque. Money orders,
    business cheques and certified personal cheques must be
    made payable to the Minister of Finance.

Note: Courts treat access and support as separate legal issues. Denying the payer access to the children in violation of a custody/access order does NOT help OSE collect your support.

OSE Offices

Bathurst
PO Box 5001
Bathurst, NB E2A 3Z9
 

Miramichi
P.O. Box 104
Miramichi, NB E1V 3M2
 

Campbellton
PO Box 5001
Campbellton, NB E3N 3H5     
 

Moncton
PO Box 5001
Moncton, NB E1C 8R3
 

Edmundston
PO Box 5001
Edmundston, NB E3V 3L3
 

Saint John
PO Box 5001
Saint John, NB E2L 4Y9
 

Fredericton
PO Box 6000
Fredericton, NB E3B 5H1
 

Woodstock
PO Box 5001
Woodstock, NB E7M 5C6
 

OSE has a secure website and 24 hour Toll-Free Infoline. These services are available 7 days a week to answer your questions about your support payments. The computer is updated once daily and will give you the most current information about your file. Have your OSE Case Number and PIN number ready when you access the OSE website and Infoline.

For information about your support payments 7 days a week go to:

http://www2.gnb.ca/content/gnb/en/departments/jps/justice/content/fsos.html

 

OSE 24 hour Toll-Free Infoline 1-888-488-3767

Fredericton clients can call 444-3767

Clients who live outside New Brunswick can call long distance 1-506-444-3767*
*Long distance charges will apply.

 

This pamphlet was produced by Public Legal Education and Information Service of New Brunswick (PLEIS-NB) in collaboration with Justice Services, New Brunswick Department of Justice and Public Saefty. It does not contain a complete statement of the law in this area and laws change from time to time. This booklet is part of a series of publications that provide general information on the support enforcement system in New Brunswick, the rights and responsibilities of payers and beneficiaries, and the tools available to the Family Support Orders Service to enforce support.

PLEIS-NB is a non-profit organization that educates the public about the law. PLEIS-NB receives funding and in-kind support from the Department of Justice Canada, the New Brunswick Law Foundation and the New Brunswick Department of Justice and Attorney General. You can find more general information on support and other related legal topics on
the at
www.legal-info-legale.nb.ca or www.familylawnb.ca.

Published by:

Public Legal Education
and Information Service
of New Brunswick
P.O. Box 6000
Fredericton, NB E3B 5H1
Telephone: (506) 453-5369
Fax: (506) 462-5193
Email: pleisnb@web.ca
www.legal-info-legale.nb.ca
www.familylawnb.ca

In collaboration with:

Justice Services
NB Department of Justice and Public Safety
P.O. Box 6000
Fredericton, NB E3B 5H1

ISBN 978-1-55471-431-5

Revised September 2016



 

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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date.  The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.