New Brunswick Child Support Laws (2026 Guide)

Child support in New Brunswick is governed by the Family Services Act for unmarried parents and the federal Divorce Act for married parents. Despite the different legislation, New Brunswick applies the Federal Child Support Guidelines to determine the appropriate amount of support.

The Basics of Calculation

The calculation of child support is relatively formulaic. The primary factors are:

1. The gross annual income of the paying parent.
2. The number of eligible children.
3. The residency of the paying parent (New Brunswick).

Income is determined by reviewing the parent’s Income Tax Return and Notice of Assessment. The “Total Income” line is the starting point, with adjustments made for union dues, employment expenses, and other specific items.

Child Support Tables

Once the income is established, the Child Support Tables dictate the monthly base amount. This table amount is presumed to be the correct amount of support.

For example, a payor earning $50,000 with one child will pay a set monthly fee. This amount is non-taxable in the hands of the recipient and not tax-deductible for the payor.

Special Expenses (Section 7)

Beyond the monthly table amount, parents generally share the cost of “special or extraordinary expenses” in proportion to their incomes. Common Section 7 expenses include:

• Daycare or childcare costs incurred to allow a parent to work or study.
• Medical and dental insurance premiums for the child.
• Uninsured health costs (orthodontics, prescription drugs).
• Post-secondary education.
• Extraordinary costs for extracurricular activities.

Administrative Recalculation

New Brunswick offers a Child Support Recalculation Service. This service allows for the annual update of child support amounts based on the parents’ most recent income tax returns, without the need for a court hearing. It is a cost-effective way to keep support fair.

Orders must contain a specific recalculation clause to be eligible for this service.

Office of Support Enforcement (OSE)

The Office of Support Enforcement (OSE) is the provincial agency responsible for enforcing support orders. When a court order is filed with OSE, they collect payments from the payor and distribute them to the recipient.

If payments are missed, OSE has strong enforcement powers, including federal license denial (passport, aviation, marine) and driver’s license suspension.

Frequently Asked Questions

1. Does child support cover university costs?

Often, yes. Support usually continues for a “child of the marriage,” which includes adult children in full-time post-secondary education. However, the child may be expected to contribute partially through loans or part-time work.

2. How does 50/50 custody work in NB?

If custody is shared (at least 40% of time each), the starting point is usually the “set-off” amount. However, Section 9 of the Guidelines also allows for adjustments based on the increased costs of shared custody and the conditions of each household.

3. Can I pay support directly to my ex-spouse?

If your order is filed with the Office of Support Enforcement (OSE), you generally must pay through them unless you have formally opted out of the program.

4. What if I lose my job?

You remain responsible for the ordered amount until the order is changed. You should apply to vary the order immediately if your income drops significantly and involuntarily.

5. Is New Brunswick’s table different from Ontario’s?

Yes. Each province has slightly different tax rates, so the Federal Tables are adjusted by province to ensure the net impact is roughly similar. You must use the New Brunswick table if the payor lives in New Brunswick.