If you have not yet given birth to your child, you may be eligible to receive child support payments from the other parent of the soon-to-be-child.
As a mother, you may be entitled to receive financial support, known as ‘childbirth maintenance’, from the child’s father for some medical expenses from two (2) months before the birth and until three (3) months after the birth. Section 67B of the Family Law Act 1975 (Cth) (“the Act”) contains provisions for childbirth maintenance.
You may also be entitled to childbirth maintenance if you have had to cease working early in the pregnancy due to a medical condition. In this case, the benefit commences from the day that you stopped working.
In the event that the child is stillborn or dies during childbirth, you may claim some expenses for the child’s funeral.
Should you believe that yourself or a loved one may be entitled to childbirth maintenance, we strongly suggest that you speak to one of experienced lawyers to better understand your rights and responsibilities.
Do I have to pay child support if my child is not yet born?
If you are no longer in a relationship with your ex-spouse, but they are pregnant with your child, you may be liable to support the mother prior and post birth. You, as the father, may be liable to contribute towards the maintenance of the mother and the mother’s reasonable medical expenses in relation to the pregnancy and birth. These expenses will likely commence either two (2) months before the child’s due date or from an earlier date if the mother stops working based on medical advice related to the pregnancy. This period will likely cease three (3) months after the child’s birth.
When making an order for childbirth maintenance, the Court will likely consider the following factors:
- The income earning capacity, property and financial recourses of both parents;
- The parents’ commitments for supporting themselves, any other child or other person;
- Any special circumstances which, if not considered, would cause hardship to any person.
When deciding on an amount that you may be required to pay to the mother, the Court will not take into account any income-tested pension benefits that the mother may be entitled to. The Court will not take into account any child-related expenses, such as baby supplies.
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