Justice and Attorney General - The Family Supports Orders Service (FSOS)

How An Order is Filed with the FSOS

In New Brunswick, support orders can be made under the Family Services Act or the Divorce Act.

If the support order is made under the Family Services Act, it is automatically filed with the FSOS.

A Beneficiary can choose to receive payments directly from the Payor instead of using the FSOS to collect their support. If the Beneficiary files a Notice Not To File a Support Order Form, the support order will not be filed with the FSOS.

Support orders made under the Divorce Act are not automatically filed with the FSOS. The Beneficiary can file the support order directly with the FSOS if:

it is made under the Divorce Act and states a specific amount of support to be paid to the Family Court;
it is made under the Divorce Act and the Beneficiary or the Payor chooses to use the FSOS;
the Beneficiary has a valid support order or agreement from a Canadian Court, or from a designated American state or other country. If the Beneficiary lives in New Brunswick he or she can opt into the FSOS program by filing a Notice to File a Support Order Form. Please check with us if you have any questions about a support order made outside of New Brunswick.

If the Beneficiary lives outside of New Brunswick, he or she should contact the Support Enforcement office in that area.

What the FSOS Can Do

When necessary, federal and provincial laws give the FSOS the authority to use a number of different methods to collect overdue support payments. For example:

The FSOS CAN initiate a Payment Order on an income source. This is commonly known as garnishment. Some examples of income that can be garnished include: wages, pensions, income tax refunds, GST credits, workers' compensation benefits, etc.
The FSOS CAN bring the case to Court for a Judge or Court Administrator to decide on additional enforcement action. This is called an enforcement hearing.
The FSOS CAN ask the federal government to suspend, refuse to issue, or refuse to renew the Payor's passport and/or federal aviation or marine licence if the Payor owes more than $3,000 in support.

What the FSOS Can Not Do

The FSOS CANNOT change your support order or agreement in any way.
The FSOS CANNOT give legal advice or act as a lawyer or counselor for either party.
The FSOS CANNOT stop collecting support payments, UNLESS a Court Order is issued saying the Payor is no longer required to pay OR the Beneficiary opts out of the program. Otherwise, the FSOS will continue to collect support even if the need for payments has ended.
The FSOS CANNOT be held responsible for overpayments to the Beneficiary if we are not notified that the support payments should stop. It is in the Payor's best interest to immediately notify us of any change in the order to prevent an overpayment.
The FSOS CANNOT become involved in child access or visitation issues. Canadian Courts treat child access and support issues as separate matters.

Courts treat support payments as a priority. These should be paid before any other obligation.

We know that waiting for you support can be frustrating and stressful. The FSOS enforcement officers work hard to collect your support, but it can take time. Frequently calling our staff actually slows the process down by reducing the amount of time we have available to work on your file.

All certified cheques or money orders must be made payable to the Minister of Finance. Debit and credit card payments CANNOT be accepted over the phone.

The FSOS now has a 24 hour Toll-Free infoline. This line is available 7 days a week to answer your questions about your support payments. Our computer is updated daily and will give you the most current information about your file.