Section 67B of the Family Law Act provides that a father must make a proper financial contribution to maintenance of the mother in relation to childbirth and reasonable medical expenses. It is important to note that this section only applies to parties who are not married.
The first issue the Court must consider is the length of time of the childbirth maintenance period. This is the period in which the father is liable to contribute to childbirth expenses.
Section 4 of the Family Law Act defines the “childbirth maintenance period” as commencing either:
- The day that the mother is required to cease working due to medical advice; or
- 2 months prior to the day the child is due to be born.
The childbirth maintenance period ends 3 months after the child’s birth. Therefore, the childbirth maintenance period will be for a period of at least 5 months.
It is important to note that the expenses claimed must be relevant to the mother, and not the child. For example, items such as a bassinet, bottles or car seat are used to help in setting up and preparation for a child’s arrival, but the Court has previously found that these are items for the child, and therefore fall under child support, and not maintenance for the mother. However, living costs such as food, rent and utilities are items that could be claimed under this section of the Act.
The Court must ultimately consider how much the father is liable to contribute to the total costs of the mother’s childbirth maintenance and medical expenses. While it may seem fair that a father is liable to pay for half of those costs, the Court must take into account the following matters when making such a determination, pursuant to section 67C:
- The income, earning capacity, property and financial resources of the mother and father to the child (but excluding any entitlement of the mother to an income tested pension or benefit);
- Commitments of the mother and father to enable them to support themselves, or any other child or other person that person has the duty to maintain; and
- Any special circumstances.
The Act provides that an application made for childbirth maintenance expenses must be made within 12 months of the child being born, so it is important to ensure that you are aware of this timeframe.
You should seek legal advice about your options in relation to making an application for childbirth maintenance. Contact Robinson + McGuinness today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online with one of our experienced lawyers.
Author: Catherine Finucane, August 2024