What is childbirth maintenance?
Where parents of a child are not married, section 67B of the Family Law Act 1975 (Cth) imposes an obligation on fathers to contribute towards "childbirth maintenance". This refers to the mother’s maintenance as well as the mother’s reasonable medical expenses in relation to her pregnancy and the birth of the child, and can include medical, surgical, dental, diagnostic, hospital, nursing and physiotherapy expenses.
These provisions only apply to heterosexual parents, as section 67B refers to fathers. Unlike spousal maintenance applications, there is no onus on the parties to prove they had a relationship prior to the mother’s pregnancy.
How much should the mother expect to receive?
In determining how much the father may be liable to contribute, the court may only take into account the following matters under section 67C(1) of the Family Law Act: both parents’ income, earning capacity, property and financial resources; their necessary commitments to support themselves and any other person they have a duty to maintain; and finally, any special circumstances which, if not taken into account, would result in undue hardship to any person. In making its assessment, the court must disregard the mother’s entitlement to any income-tested pension, allowance or benefit.
In Abrahams & Simm [2014] FCCA 67, it was held that as a general and starting proposition, a half share would be a proper contribution.
When is the mother entitled to childbirth maintenance?
Section 67B of the Family Law Act provides a limited timeframe – the ‘childbirth maintenance period’ – within which the mother is entitled to childbirth maintenance.
In most cases, the mother is entitled to childbirth maintenance from two months before the child is due to be born until three months after the child’s birth.
However, if the mother works in paid employment and is advised by her medical practitioner to stop working for medical reasons related to her pregnancy, the period begins on the day on which she stops working.
An application for childbirth maintenance may be made at any time during the mother’s pregnancy, but no later than 12 months after the child is born （except by leave of the court）.
If you would like advice regarding childbirth maintenance or any other family law issues, please contact our family law team.
How can I learn more?
Adele is an accredited specialist in Family Law. She holds a Bachelor of Laws with Honours and a Bachelor of Arts (Psychology major) from the University of Melbourne.
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