Public Legal Educationand Information Serviceof New Brunswick

How Unpaid SupportObligations May Affect YourGovernment-Issued Licences

This pamphlet was produced by Public Legal Education andInformation Service of New Brunswick (PLEIS-NB) incollaboration with Program Support Services, NewBrunswick Department of Justice and Consumer Affairs. Itdoes not contain a complete statement of the law in this areaand laws change from time to time. This booklet is part of aseries of publications that provide general information on thesupport enforcement system in New Brunswick, the rightsand responsibilities of payers and beneficiaries, and the toolsavailable to the Family Support Orders Service to enforcesupport.

PLEIS-NB is a non-profit organization that educates the publicabout the law. PLEIS-NB receives funding and in-kind supportfrom the Department of Justice Canada, the New BrunswickLaw Foundation and the New Brunswick Department ofJustice and Consumer Affairs. You can find more generalinformation on support and other related legal topics on thePLEIS-NB website at www.legal-info-legale.nb.ca.

ISBN 978-1-55396-967-9

P.O. Box 6000Fredericton, NB E3B 5H1Telephone: (506) 453-5369Fax: (506) 462-5193Email: pleisnb@web.cawww.legal-info-legale.nb.ca

Program Support ServicesNB Department of Justice and Consumer AffairsP.O. Box 6000Fredericton, NB E3B 5H1

Published by:

In collaboration with

Public Legal Educationand Information Serviceof New Brunswick

November 2010

The Family Support Orders Service (FSOS) is a part ofthe New Brunswick Department of Justice and ConsumerAffairs. Its goal is to promote a dependable flow ofsupport payments. FSOS focuses on helping parentssupport their children. FSOS monitors and enforcessupport orders and agreements filed with the service by:

� receiving payments from the Payer (the personpaying the support);

� keeping records of payments that are made;

� forwarding the payment to the Bene5ciary (theperson receiving the support);

� taking steps (when necessary) to ensure the Payermakes the required payments.

Provincial Driver’s Licences

Why would FSOS take action to revoke or suspendmy drivers’ licence?

Under the SupportEnforcement Act (SEA), FSOShas the right to send anotice to the NewBrunswick Registrar ofMotor Vehicles to revokethe driver’s licence andsuspend the drivingprivileges of a payer whohas a certain amount ofunpaid child or spousalsupport.

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When will FSOS send notice to the Registrar ofMotor Vehicles?FSOS will send notice to the Registrar if:

� the payer owes an amount of support that isgreater than 4 months worth of support payments;and

� all reasonable means of collecting supportpayments have failed.

Will I be notified before FSOS takes action to revokemy driver’s licence?Yes. FSOS will send a Notice of Intention – Driver’s LicenceSuspension to you. FSOS will mail the notice to your mostcurrent address on file with them and/or the Registrar ofMotor Vehicles. Because you are legally required to keepyour address up to date with both agencies, you will beconsidered officially notified 7 days after FSOS mails thenotice to you.

How can I prevent revocation or suspension?The notice gives you a chance to avoid having yourlicence revoked either by paying the outstanding arrearsin full, or coming to a satisfactory arrangement withFSOS to pay off the arrears. You must do this within 30days. If you do not, FSOS will advise the Registrar ofMotor Vehicles to revoke your driver’s licence andsuspend your driving privileges. By law, the Registrar isthen obligated to notify you and revoke your licence.FSOS will not extend the 30 day grace period.

Please note that it is FSOS, not the Registrar of MotorVehicles, who is responsible for suspending a driver’s licencefor failure to pay support. The Registrar cannot remove thesuspension without direction from either FSOS or the Court.

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What if I need my licence to work or forhealth/medical reasons?If you are working, you can negotiate an arrangement topay off the overdue support. If you cannot reach asatisfactory agreement with FSOS and you need yourlicence for work or for health/medical reasons, you mustprovide appropriate documentation to your EnforcementOfficer (EO) setting out the reasons why your licence isnecessary. The Registrar may restrict you to driving tospecific locations and hours of the day. In order for youto receive restrictions instead of a full suspension of yourdriver’s licence, FSOS must be satisfied that you needyour licence for your employment. This does not meanthat you simply need it to get to and from your place ofemployment.

Can I appeal a suspension or revocation?Yes. Under Section 26(6) (SEA), you may apply to theCourt of Queen’s Bench, Family Division, to request thereinstatement of your driver’s licence or the removal oflicence restrictions. The Court may order the Registrar toreinstate the licence or lift the restriction only if it issatisfied that you did not owe an amount greater than 4months of support payments when FSOS issued thenotice to you.

How long will the suspension last?The suspension will last until you have paid all amountsowing under the support order, or made satisfactorypayment arrangements with FSOS to meet yourobligations. When this happens, FSOS will send a noticeto the Registrar to reinstate your licence and drivingprivileges.

You may apply to the Court of Queen’s Bench, FamilyDivision, to request the reinstatement of your driver’slicence or the removal of licence restrictions.

Will I have to pay any fees related to suspension orrevocation?The Registrar of Motor Vehicles charges a fee to reinstatesuspended driving privileges. The Registrar also chargesa replacement fee when issuing a replacement licenceafter driving restrictions are imposed or after FSOS liftssuch restrictions. It is your responsibility to pay anyregistration fees the Registrar imposes. You must paythese fees before the Registrar will issue your licence orlift your suspension.

Denial of Federal LicencesCan FSOS take action to prevent me from obtainingor renewing a passport or other federal governmentlicences?Yes. Under a federal law called Family Orders andAgreements Enforcement Assistance Act (FOAEA), FSOSmay apply for a federal licence denial to prevent a payer

who owes a certain amount of supportfrom obtaining all federal licences

set out in FOAEA, such asaviation and marine

certificates and passports.A federal licence denialsuspends any licences youhold at the time of theapplication and preventsyou from renewing anylicences you already hold.When you receivenotification that your federal

licences have beensuspended under FOAEA you

must surrender any licences tothe federal government.

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A federal licence denial suspends any licences youhold at the time of the application and prevents youfrom renewing any licences you already hold.

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When will FSOS take action to suspend or deny myfederal licences?FSOS will take action under FOAEA for a licence denialwhen:

� FSOS believes you have the ability to pay; and

� you owe $3000 or more in support payments; and

� all reasonable means of collecting supportpayments from you have failed.

Will I be notified before FSOS applies for a licencedenial?Yes. If you meet the conditions above, FSOS will sendyou a Notice of Intention to Deny Federal Licence. Afteryou receive the notice, you will have 30 days to contactFSOS and make satisfactory payment arrangements. Ifyou do not respond to the notice within the 30 daytimeframe, FSOS may make an application for federallicence denial.

How long will the federal licence denial stay inplace?A federal licence denial remains in effect until FSOSrequests it be ended. You must meet one of thefollowing conditions before FSOS will make this request:

� your support order has been withdrawn from FSOS;

� you make satisfactory arrangements to pay theoutstanding amounts, or

� FSOS decides to withdraw the denial based on theirreview of your case.

Note: FOAEA deems payers served 10 days afterFSOS has sent the notice to the payer’s lastknown address on file.

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Can I request a review of the denial?You may ask FSOS to review your case if:

� you can prove that you owed less than the amounton the notice at the time the notice was sent; or

� you can prove that the denial would significantlyreduce your ability to pay support; or

� you start to receive income assistance.

Can I appeal a federal licence denial?No. Federal laws do not allow payers to appeal a federallicence denial issued under FOAEA.

24 hour Toll-Free InfolineFSOS has a 24 hour Toll-Free Infoline. This line isavailable 7 days a week to answer your questionsabout your support payments. Our computer isupdated once daily and will give you the mostcurrent information about your file. Have your Courtfile number and PIN number ready when you call.

Federal laws do not allow payers to appeal afederal licence denial issued under FOAEA.

FSOS 24 hour Toll-Free Infoline1-888-488-FSOS (3767)

Fredericton clients can call 444-FSOS (3767)Clients who live outside New Brunswick can call

long distance 1-506-444-FSOS (3767)**Long distance charges will apply.

For information about your supportpayments 7 days a week contact: