Is a parent liable to pay family law childbirth maintenance? The simple answer is yes. For instance, Margaret is having a baby and the father of the baby is Jonah. Now, is Jonah liable to financially support Margaret for covering the costs of the baby’s delivery and hospital expenses? Yes. This is because Jonah is the biological father.
This is true even if Jonah and Margaret separated or divorced before finding out about Margaret’s pregnancy. But, what if Jonah and Margaret weren’t in a relationship, or were never married in the first place? Jonah is still liable to pay since he is still the biological father of the child. Read this article to know more about family law childbirth or childbearing maintenance.
Firstly, Section 67A outlines the objectives of this Division. It states that the Division deals with:
- Liability of a father to contribute towards child bearing expenses if not married to the child’s mother
- Orders for location and recovery of children
- Reporting of allegations of child abuse and family violence
- Other orders about children
Section 67B: What Is Family Law Childbearing Maintenance?
Section 67B is an often overlooked Section of the Family Law Act 1975. Fathers may wonder what their financial obligations are if they are liable to financially support childbirth. Childbirth maintenance is a type of financial support that pregnant mothers are entitled to receive. According to this section, fathers who are not married to the child’s mother are liable to make contributions to the:
- Mother’s reasonable medical expenses due to the childbirth;
- Expenses of the mother’s funeral in the event that the mother passes away during childbirth;
- Child’s funeral expenses in the event that the child dies during his/her birth; and
- Maintenance of the mother for the childbirth maintenance period.
Family Law Childbearing Maintenance Period
The childbirth maintenance period may depend on the mother’s conditions and may start on different dates. Let’s use Margaret as an example again. For instance, Margaret is working and has gone to the doctor for medical advice for her pregnancy. The doctor then tells her to take a leave from work so she can focus on her pregnancy.
Let’s suppose that Margaret is due to give birth to the child in two months. In this case, the childbirth maintenance period begins on the day that she takes leave from work. If not, the period starts on the day that is two months before the expected delivery date.
Section 67C: Court Considerations for Payments
According to Section 67C, courts will make considerations on the father’s ability to make family law childbearing maintenance payments. These are:
- Both the father and mother’s income, earning potential, assets and financial resources. The court will consider the mother’s eligibility regardless of any income-tested pension, allowance, or benefits;
- Commitments of any person that are necessary to support himself/herself or any other child these persons will maintain; and
- Any unique circumstances that weren’t taken into account that would cause injustice or undue hardship to any person.
Section 67D: Types of Childbirth Maintenance Orders
According to Section 67D of the Act, courts have the jurisdiction to make necessary orders for family law childbearing maintenance. The court may order all or any orders regarding:
- Lump sum childbirth maintenance payments whether in one amount or instalments;
- Weekly, monthly, or periodic childbirth maintenance payments;
- Whole or parted payments;
- Orders that will require the production of documents and any other procedures that can help carry out childbirth maintenance orders;
- Specified persons or public authorities receiving the payments;
- Permanent orders;
- Orders for the disposal of the proceedings;
- Fixed period orders;
- Interim and final orders;
- Orders with terms and conditions;
- Consent orders. This is where both parties agree into making the childbirth maintenance order;
- Any other appropriate orders; and/or
- Any orders before or after the birth of the child.
Section 67E: Urgent Orders For Childbirth Maintenance
Section 67E also sets out the need for courts to make urgent orders for family law childbearing maintenance. Such orders are made if the mother or applicant is in immediate need of financial assistance. Moreover, urgent orders are made if courts cannot immediately determine what childbirth maintenance order to make.
Section 67F and 67G: Childbirth Maintenance Proceedings
According to Section 67F, either the pregnant mother or the mother’s legal representative can apply for childbirth maintenance proceedings. Section 67G also provides that mothers or the mother’s legal representatives can apply for childbirth maintenance at any time during or after pregnancy. If mothers file an application more than a year after the child’s birth, they will need to seek leave from the court. However, the court will not allow a leave unless the refusal will cause hardship for any person or the child.
Family Law Childbearing Maintenance: Case Examples
Aside from property settlement, Harper and Pint’s case also included Ms Pint asking for childbirth maintenance from Mr Harper. The parties were in a de facto relationship and Ms Pint sought $5,000 worth of childbirth maintenance. However, the court dismissed the mother’s application since Mr Harper is bankrupt and she was more capable of financially supporting herself.
Hampton and Temple’s case only involved childbirth maintenance in which Ms Hampton sought $19,000 for the maintenance. She requested Mr Temple to pay the maintenance for a period of four months. The amount sought solely covered income loss because the mother did not include her medical costs in the claim. However, Mr Harper stated that he can only cover two months for the maintenance since he:
- Is approximately earning $98,000 per year;
- Has various expenses for his own needs; and
- Provides child support payments for other dependents.
The court still decided that he needs to pay the maintenance because of his huge earning capacity. As a result, the court ordered Mr Temple to pay an additional $200 per week for the next four months. Mr Harper ended up paying a total of $3,200 to Ms Hampton within 28 days.
How Our Family Lawyers Can Help
Family law childbirth maintenance may cause some disputes between couples. Mothers and fathers will tend to also argue about childbirth maintenance payments for good reasons. In our first case example, Mr Harper was bankrupt which resulted in his inability to pay for childbirth maintenance.
Meanwhile, our second case example showed that Mr Temple was able to provide for the maintenance because of his great earning capacity. Our family lawyers at JB Solicitors can help couples come up with amicable payment agreements through our mediation and arbitration services. The results of our mediation and arbitration services ensure that the outcome is just, fair, and equitable for all parties.
Contact and seek legal advice from the best family lawyers today.
