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.

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