The information provided in this brochure is of a general nature and is not intended to be taken as the giving of an opinion by the law firm of Murphy Collette Murphy or any of its members. Specific advice should be sought on particular situations from your lawyer. © 1994 -2007 Henry J. Murphy

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The enforcement of child and spousal support is a very important issue on separation, both for the paying spouse and for the spouse receiving support, but first you need to know that the obligation to pay support is not automatic on separation but has to be established.

Here are answers to some questions you are asking yourself.

To create the obligation to pay:

The first step for the enforcement of support payments is to establish the obligation to pay either child or spousal support. This can be done in two ways:

1. obtaining an order from a Judge
2. entering into an agreement with your former spouse

To file the Order/Agreement with the Court:

After the obligation to pay child or spousal support has been established, you can file the order rendered by a Judge or the agreement entered with your spouse with the Family Court enforcement office. This filing with the Court is for the purpose of enforcing the obligation of support and no cost is associated with the filing. The spouse who is paying support thereafter has 14 days to notify the Court of his choice of method of payment. He or she can choose one of the following three methods of payment.

1. to make a voluntary arrangement with an income source (employer) to send the money directly to the Court
2. to request that the Court Administrator make a payment order and send it to the income source; i.e. to direct an employer to deduct specific amounts of money from the money payable to you and to send it to the Court
3. to deposit with the Court as a security a total of three months of support payments in advance; and then pay each month on a set date

How do I get my money?

After having received the money, the Court will then send a cheque enclosing the amount of spousal or child support to you.

What if the payment is not received by the Court?

If the payment has not been received by the Court or if only part of the payment has been received, then the Court will take immediate action in order to have the support order enforced. The Court may, for example:

1. require the filing of a Financial Statement
2. require the appearance before a Judge or a Court Administrator

What if the order or the agreement has never been filed with the Court?

The support order made by a Judge is automatically filed with the Court for the purpose of enforcement. Agreements between the spouses such as separation agreements need to be filed to have them enforced. If your agreement is not filed with the Court, you then have the option of filing it for enforcement or to make an application to the Court to have it enforced.

What if the payer moves out of the province or the country?

If the payer moves out of the province or the country, he is still under the obligation to make his support payments. The support order can be transferred to the province where the payer has moved. All of the provinces and many countries will enforce the order and forward the payments to the Court in New Brunswick on your behalf. If the payer has moved without giving a forwarding address, then the Court Officials can search certain provincial and federal data banks to find a current address. Once the payer is found then the Court will take immediate action to enforce the support order.

© 1996, 2001, 2007 Henry J. Murphy