Maintenance During Pregnancy

It’s no secret that having a baby is a very expensive decision both in the short and long term.
Time spent away from work and the subsequent lost superannuation (and compound interest
on these) can make up the largest financial cost over time but the recent statistics show that
the average out-of-pocket expense for raising a child in Australia is approximately $170 per
week.

This figure also doesn’t include the costs incurred during the pregnancy which can vary wildly
depending on the decision to go with public or private coverage. For those in committed
relationships, these (amongst many others) become serious decisions that need to be
incorporated within the family unit.

However, for single and expectant mothers, the financial burden can be more difficult though
the law is here to provide some assistance. The Family Law Act provides that the father of a
child who is not married to the mother is liable to make a proper contribution towards her
maintenance and reasonable medical expenses in relation to the pregnancy and birth.
Further obligations to funeral expenses also exist if the mother or child die in the process.

The father’s liability is usually from up to two months prior to birth and continues until three
months after the child has arrived. However, this period can be extended if the mother has
been advised by a medical practitioner to cease working for reasons related to her
pregnancy.

Though there is some discretion in what is considered a ‘proper contribution’ – as a general
proposition the parents should pay half each and the mother is able to apply to the Court if
the father doesn’t agree to contribute. The Court can also make consideration towards any
money voluntarily paid by fathers throughout the pregnancy towards the mother’s expenses
and offset this against any calculated overall liability.

None of this absolves any child support obligations and, when safe to do so, parents should
always attempt to reach an agreement regarding pregnancy costs without the need for the
Court to get involved. However, single and expectant mothers should be comforted that the
law doesn’t leave them alone financially while they navigate the miracle of childbirth.

Joshua Noble is a Senior Associate at Zande Law Solicitors, Suite 9, Norwinn Centre, 15
Discovery Drive, North Lakes practising from our Cleveland office at Suite 3, Jade
Chambers, 15 Middle Street, Cleveland. To contact Josh for advice, please phone
(07) 3385 0999 to schedule an appointment.

The information in this article is merely a guide and not a full explanation of the law. This firm
cannot take responsibility for any action readers take based on this information. When
making decisions that could affect your legal rights, please contact us for professional
advice.